Cases And Readings On the Jurisdiction And Procedure of the Federal Courts

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: (Justice Swayne) says: "It is urged, further, that a state law could not give jurisdiction to the district court. That is true. A state law can not give jurisdiction to any federal court: but that is not a question in this case. A state law may give a substantial right of such a character that where there is no impediment arising from the residence of the parti-s the right may oe enforced in the proper federal tribunal whether it be a court of equity, of admiralty or of common law. "The statute in such cases docs not confer the jurisdiction. That exists already, and it is invoked to give effect to the right by applying the appropriate remedy. This principle may be laid down as axiomatic in our national jurisprudence. A party forfeits nothing by going into a federal tribunal. Jurisdiction having attached, h