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$ 89 b. Assignment to confer jurisdiction.
$ 89 c. Assignee of choses in action.
$ 89 d. Suits by assignee of choses in action-latest decisions.
§ 89 e. Motive for assignment will not affect right to sue.
$ 89 f. To what restriction does not extend.
$ 89 g.
Holders of negotiable instruments.
CHAPTER IV.
$ 91.
ORIGINAL JURISDICTION-HOW ACQUIRED
$ 90.
Jurisdiction acquired by process or appearance of parties.
§ 90 a. Jurisdiction, how acquired.
$ 90 b. Jurisdiction depends on notice by service of process.
$ 90 c. Personal service essential to jurisdiction.
When a part of several defendants cannot be served
§ 91 a. At law.
$ 91 b. In equity.
$ 91 c. On corporations.
$ 91 d. Insufficient service on foreign corporation.
§ 91 e. A personal privilege, and may be waived.
§ 91 f. Service by publication.
§ 91 g. Waiver by irregularities.
$ 92.
Process of arrest, restitution of.
$ 92 a. Process by attachment.
$ 92 b. Return and proof of service,
CHAPTER V.
THE RIGHT OF REMOVAL.
$ 93.
Implied power of Congress to provide for removal of causes
from State courts.
§ 93 a. Right conferred by Congress.
$ 93 b. Not a vested right.
§ 93 c. Its exercise cannot be prevented by State legislation.
§ 93 d. The right not waived by proceedings in State court.
§ 93 e. Restriction on exercise of right by Act of Congress of 1887-8.
$ 93 f. Suits removable.
$ 93 g. Proceedings in the nature of suits, are removable.
§ 93 h. Probate proceedings.
$ 93 i. Special proceedings
$ 93 j. Suits not removable.
§ 93 k. Restriction of right by amount in controversy under Rev. Stats.
sec. 639.
$ 93 1. By amount in controversy under Act of 1875.
§ 93 m. Amount in controversy, under Act of 1887, $2000 exclusive of
nterest and costs.
§ 93 n. Amount in controversy under right of set-off.
8 93 o. Removal into circuit courts of yewly admitted States.
CHAPTER VI.
REMOVAL UNDER THE ACT OF 1887.
$ 94. Removal of cause, as governed by subject-matter of action or suit
§ 91 a. Cases arising under the Constitution, laws or treaties.
§ 94 b. Suits involving Federal questions are removable.
$ 94 c. What not a Federal question.
§ 94 d. From any State court.
$ 94 e. Constitutional provisions.
$ 94 f. Restriction under act of 1887.
$ 94 g. Restriction as to nature of suit.
§ 94 h. Suits, when not removable,
$ 95. Removal of cause as relates to parties.
$ 95 a. Any other civil suit.
$ 95 b. From any State court.
$ 95 c. Controversy between parties.
$ 95 d. Conflicting land grants.
§ 95 e. Removal by and against the United States government.
$ 95 f. Where State is party to suit.
§ 95 g. Restriction of right of removal by assignees.
§ 95 h. Party in representative character.
§ 95 i. Right of substituted party.
§ 95 j. All proper and necessary parties must be made parties.
§ 95 k. Qualification as to citizenship.
§ 95 1. Necessary parties.
$ 95 m. Decisions under the acts of 1866, 1867.
$ 95 n. Where alien is party.
§ 95 o. The whole controversy removed.
$ 95 p. Right to remove restricted to the defendant.
$ 95 4. Only non-resident defendants can remove.
§ 95 r. Inhabitancy of corporation.
§ 95 s. Removal must be into the proper district
CHAPTER VII.
PROCEEDINGS FOR REMOVAL.
$ 96. On ground of diverse citizenship.
§ 96 a. What cases governed by this clause.
$ 96 b. Right dependent on citizenship.
§ 96 c. Removal on ground of diverse citizenship.
§ 96 d. Citizenship under Act of March 3, 1875.
$ 96 e. Citizenship of corporation.
$ 96 f. Citizenship of consolidated corporation.
§ 96 g. Right of foreign corporations to remove.
§ 96 h. Jurisdiction does not depend on citizenship of formal or nominal
parties.
$ 96 i. Nominal parties.
§ 96 j. Citizenship of all parties on one side must be diverse from that
of all on the other side.
§ 96 k. Court will arrange parties on opposite sides.
§ 96 l. Removal on ground of separable controversy.
$ 96 m. Separability, how determined.
§ 96 p. Either one or more of the defendants may remove a separable
controversy
§ 96 o. Limitation of right to remove a separable controversy.
§ 96 p. Controversy must be wholly between citizens of different states.
§ 96 q. Must be capable of being fully determined between the parties.
$ 96 r. Final determination of controversy.
§ 96 s. Inseparable controversy not removable.
96 t. Decisions under Act of 1875.
$ 96 u. Joint action not separable.
$ 96 v. In cases of joint torts.
§ 96 w. Separate defenses do not create separate controversies.
$ 96 x. Ancillary proceedings.
$ 96 y. Matters auxiliary are inseparable.
$ 96 z. Ancillary jurisdiction of Federal courts.
$ 97. On ground of prejudice or local influence.
§ 97 a. Prejudice and local influence defined.
§ 97 b. Restriction on right to remove under original act.
§ 97 C. Whether prejudice or local influence act is repealed-Query?
$ 97 d. General restrictions which do not apply under this clause.
$ 97 e. Restriction as to amount in controversy.
8 97 f. Plaintiff, no right to remove.
§ 97 g. The right based on adverse citizenship.
§ 97 h. Any non-resident defendant may remove th: cause.
§ 97 i. Conditions to right to remove
B
§ 98. Application to circuit court-Trial of issue of fact-Remand.
$ 98 a. Application to be made to circuit court.
§ 98 b. Petition for removal under prejudice or local influence act.
$ 98 c. Where petitioner is a corporation.
§ 98 d. Application, when to be made under the Act of 1887.
§ 98 e. Time to make application under the Judiciary Act.
$ 98 f. Notice to be given of application.
$ 98 g. Issues on application. -How raised.
§ 98 h. Issues must be tried in circuit court.
$ 98 i. The fact must be made to appear to the satisfaction of the court.
§ 98 j. Insufficient showing by affidavit.
$ 98 k. Affidavit must accompany application.
$ 98 l. Affidavit for removal, by whom to be made.
$ 98 m. Affidavit-How taken and certified.
§ 98 n. Sufficiency of affidavit.
$ 98 0. Affidavit under Act of 1887.
§ 98 p. Discretion of court in such cases.
$ 98 q. Removal as to party, where action severable.
$ 98 r. Order remanding cause.
CHAPTER VIII.
REMOVAL IN SPECIAL CASES.
§ 99. Removal in actions on land titles, under State grants.
$ 99 a. Conflicting land grants.
$ 100. Removal of suits against corporations organized under a law of
United States.
100 a. Corporations created by congressional legislation.
$ 101. Removal of causes against persons denied any civil rights, etc.
§ 101 a. Denial of civil rights.
§ 101 b. In criminal cases.
§ 101 c. In general proceedings.
§ 102.
When petitioner is in actual custody of State court.
$ 102 a. Habeas corpiis.
§ 103,
Removal of suits and prosecutions against revenue officers and
officers acting under registration laws.
§ 103 a. In general.
§ 103 b. Suits removable.
§ 103 c. Criminal cases.
§ 103 d. Practice and procedure.
§ 103 e. Enforcing removal.
$ 104
Removal of suits by aliens in a particular case.
CHAPTER IX.
PROCEEDINGS TO OBTAIN REMOVAL OF CAUSE.
§ 105. Removal proceedings-Petition, when filed.
§ 105 a. Act construed.
$ 105 b. Application.
§ 105 c. Petition.
§ 105 d. Allegation as to subject-matter of suit.
$ 105 e. Allegation of citizenship.
§ 105 f. Allegation of non-resident.
$ 105 g. Allegation as to amount in controvers;.
$ 105 h. Pending of suit the foundation of the right to remove under
Act of 1887.
§ 105 i. Time to file petition governed by rules of State court, Act
of 1887.
§ 105 j. Subsequent extensions of time to answer cannot extend time
for removal.
§ 105 k. Order extending time,
§ 105 1. Time under the Revised Statutes, section 639.
§ 105 m. Time under prior statutes.
§ 105 n. Time under Act of 1875.
§ 105 o. At or before the first term.
§ 105 p. When cause could be first tried.
& 105 q. Latest decisions under Act of 1875.
§ 105 r. Application too late.
§ 105 8. Application when too late, under Act of 1887.
$ 106. Bond to be filed, special bail when required.
8 106 a. Bond and security.
§ 106 b. Filiog bond a jurisdictional prerequisite.
& 106 c. Form and sufficiency of bond.
$ 106 d. Approval of bond.
§ 106 e. Special bail.
$ 107.
Time to file record-Misfeasance of clerk-Certiorari,
$ 107 a. Damages for failure to enter copy of record.
§ 107 b. The record.
§ 107 c. Time to file record.
§ 107 d. Duty of clerk.
$ 107 e. Certiorari.
§ 107 f. What the record must show.
$ 107 g. Record must show citizenship of parties.