INDEX.

(THE REFERENCES ARE TO BOTH THE SECTIONS AND PAGES.)

(NOTE.-The whole book has been carefully indexed under the one title "Jurisdiction." besides the indexing under sub-heads, and the subjects of the sections are indicated by black type in this general index, so that if any matter has been omitted from its appropriate place elsewhere, it can be easily traced and found under Jurisdiction.)

A

Abatement. (See PLEA IN ABATEMENT.)

of nuisance when constructive notice allowed in action for, sec. 38, p. 270

Acceptance of Service. (See SERVICE OF PROCESS.)

of process, what sufficient as proof of service, sec. 39, p. 291

Account

running, can not be divided to bring amount within jurisdiction, sec. 16, p. 62

footing of controls in determining jurisdiction as to amount, sec. 16, p. 60

Actions. (See PERSONAL ACTIONS.)

affecting title to real estate are local, sec. 12, p. 35

personal are transitory, sec. 12, p. 35

may be brought where plaintiff and defendant reside, though cause arose elsewhere, sec. 12, p. 35

transitory, exception in case of corporations, sec. 12, p. 35

where plaintiff is resident of state, defendant not, may be brought in any county, sec. 12, p. 30

for divorce residence of plaintiff gives jurisdiction, sec. 12, p. 36; sec. 73, p. 513. (See Divorce.) non-resident may maintain, sec. 13, p. 43

action defined, sec. 68, p. 461

distinctions between, and special cases and special proceedings, sec. 68, pp. 461-469

Adjournment of Court. (See TERMS OF COURT.)

final, ends powers of court for term, sec. 19, p. 84

premature, by sheriff, judge may hold court balance of term, sec. 19, p. 84

to wrong time, or without fixing time, effect on jurisdiction, sec. 24, p. 149

not authorized by law, effect of, sec. 24, p. 149

Admiralty and Maritime Jurisdiction

Courts of, in England, superseded by supreme court of judicature, sec. 3, p. 3

jurisdiction in, belongs to U. S. district courts, sec. 17, p. 73 jurisdiction of district courts in, extends to navigable lakes and streams, sec. 17, p. 73

state court has jurisdiction to decree common-law remedy in, sec.

17, p. 73.

(747)

Admiralty and Maritime Jurisdiction-Continued.
conferred by constitutions and statutes, sec. 10, p. 29
of federal courts not confined to tide waters, sec. 17, p. 73
extends to other navigable lakes and streams, sec. 17, p. 73
generally belongs exclusively to federal courts, sec. 70, p. 483
but state courts not wholly without, sec. 70, p. 483

but not strictly speaking admiralty jurisdiction, sec. 70, p. 484
confined to interior navigation, where no interstate or foreign com-
merce, sec. 70, p. 484

over such navigation federal courts have no jurisdiction, sec. 70,
p. 484

claims against vessels not maritime within jurisdiction of state
courts, sec. 70, p. 484

liens provided by state laws when enforceable in federal courts, sec.
70, p. 484

when enforceable in state courts, sec. 70, 484

P.

depends upon character of contract, sec. 70, p. 484

when discretionary with federal court whether to enforce or not,
sec. 70, p. 485

in regulation of commerce congress may provide for liens, sec. 70,
p. 485

but, if does not, states may, sec. 70, p. 485

when states may regulate fisheries, sec. 70, p. 485

states can not by providing for liens extend jurisdiction of federal
courts, sec. 70, p. 485

nor can courts decline to enforce because provided for by state, sec.
70, p. 485

may enforce state lien on domestic vessel, though maritime law
would only give on foreign vessel, sec. 70, p. 485

but state courts can not enforce lien on vessel engaged in foreign
commerce, sec. 70, p. 485

but may against vessels navigating inferior streams and not engaged
in foreign or interstate commerce, sec. 70, p. 486

general rule that admiralty jurisdiction confined to tide waters to
the ebb and flow, sec. 70, p. 486

but federal courts extend to navigable lakes and rivers above tides
where commerce carried on between different states or with for-
eign nation, sec. 70, p. 486

common-law remedy growing out of maritime transaction may be
administered by state court, sec. 70, p. 486

fact that common-law remedy aided by lien does not affect jurisdic-
tion, sec. 70, pp. 486, 487

Administrators. (See PROBATE JURISDICTION; SALES OF REAL ESTATE.)
question of validity of appointment of, how raised in case of sale of
real estate by, sec. 76, p. 556

whether in such case appointment of, can be collaterally attacked,
sec. 76, pp. 556, 557

what is necessary to give court jurisdiction to order sale of real estate
by, sec. 76, pp. 557, 558

petition foundation of jurisdiction, sec. 76, p. 558

what petition must show, sec. 76, pp. 558, 559

order of sale an adjudication of all jurisdictional facts, sec. 76,
p. 560

notice must be given, sec. 76, p. 563

whether heirs necessary parties, sec. 76, p. 564

Affidavit-

for publication, can not control as to jurisdiction against matters ap-
pearing in judgment roll, sec. 25, p. 164

for publication of constructive notice, what must show, sec. 38, pp.
271-279

making of, is jurisdictional step, sec. 38, p. 271

substantial compliance with statute necessary, sec. 38, pp. 271-273
when judgment rendered under, void, sec. 38, pp. 271, 272

not a part of judgment roll, sec. 38, p. 273

how due diligence in effort to make personal service must be
shown in, sec. 38, p. 275

when statements on information and belief sufficient, sec. 38, pp.
276, 277

when may be amended, sec. 38, p. 279

of publication of constructive notice, what must show, sec. 38,

285, 286. (See CONSTRUCTIVE Service.)

failure to make effect of, sec. 38, p. 285
by whom may be made, sec. 38, p. 285

of personal service, when proper, sec. 39, p. 287

what must be shown by, sec. 39, p. 288

for change of venue, who may be made by, sec. 47, p. 340

what must show, sec. 47, p. 340; sec. 48, p. 343

may be amended, sec. 47, p. 340

pp.

in contempt proceedings, when necessary, and what must show, sec.
72, pp. 492, 493. (See CONTEMPTS.)

necessary in attachment, sec. 74. p. 523. (See ATTACHMENT.)

what must show, sec. 74, pp. 524-528, 529-534

who may make, sec. 74, p. 528

in garnishment, sec. 75, p. 549. (See GARNISHMENT.)

in ne exeat and arrest and bail, sec. 78, p. 586. (See NE EXEAT and
ARREST AND BAIL.)

may be amended, sec. 78,

Agreed Statement-

p. 587

may by consent take place of pleadings and give jurisdiction, sec.
12, p. 33

affidavit that controversy real necessary, sec. 12, p. 33

Alimony. (See Divorce.)

Amendment. (See COMPLAINT, JUDGMENT, JURISDICTION, PLEADINGS.)
of complaint after service by publication, judgment by default on,
void, sec. 8, p. 22

new notice must be given, sec. 14, p. 49

court has inherent power to amend its record, sec. 27, p. 181
of notice of appearance, when may be made, sec., 34, p. 227
of proceedings in attachment, sec. 74, pp. 544-545

Appeal. (See APPELLATE JURISDICTION.)

appellate court having original jurisdiction of subject-matter, but
lower court not, and parties appear, judgment of former binding,
sec. 12, p. 34

right of is statutory and may be extended by statute, sec. 21, p. 98
and statute must be followed, sec. 21, p. 99

time for can not be extended by parties nor by court, sec. 21. p. 99
in some states, time does not run against parties under legal disabili-
ties, sec. 21, p. 99

when constitutes a waiver by appearance, sec. 22, p. 110

question of jurisdiction, how may be raised on, sec. 22, p. 112

effect of on jurisdiction of court, sec. 24, p. 150

effect of on judgment appealed from, sec. 24, p. 150

Appeal-Continued.

death of party on when new parties must be made, sec. 42, p. 307
where judgment is joint, must be taken within time by all judgment
defendants, sec. 21, p. 99

if any refuse to join and notice required, same must be given or ap-
peal is ineffectual, sec. 21, p. 99

appearance and failure to join will not waive such notice, sec. 21, p. 99
where has failed through failure to observe requisites, second may

be prosecuted, sec. 21, p. 100

can be no second when first is pending, sec. 21, p. 100

where is allowed on some action of lower court, such action must be
shown, sec. 21, p. 100

where record shows that court has not jurisdiction will be dismissed,
sec. 21, p. 100

where question of jurisdiction depends upon proceedings below, rec-
ord is conclusive, sec. 21, p. 100

consent of parties will not give right to determine other questions,
sec. 21, p. 100

where record shows subject-matter out of jurisdiction, consent can
not give, sec. 21, p. 100

can not be taken by consent to court not having jurisdiction, sec. 21,
p. 100

actual controversy must appear, sec. 21,

p. 101

will lie only from decision of a court, sec. 21, p. 101

will lie only from decision upon judicial question, sec. 21, p. 101
assignment of errors to be filed, sec. 21, p. 101

p. 101

same must be filed in statutory time, sec. 21, p. 101
except where prevented by fraud, etc., sec. 21,
lower court must have had jurisdiction of subject-matter, sec. 21, p. 102
where trial de novo, amendment of complaint to increase amount
above jurisdiction of lower court will divest jurisdiction of ap-
peal, sec. 21, p. 102

origin of the right of, sec. 88, p, 728

is now wholly statutory, sec. 88, p. 728

what may be reviewed by, sec. 88, pp. 728–730

how jurisdiction in given, sec. 88, p. 730

not proper to remove cause from state court to supreme court of
United States, sec. 88, p. 730

when remedy must be sought, sec. 88, p. 730

courts can not extend time given by statute, sec. 88, p. 731
generally will only lie from final judgments, sec. 88. p. 731
but provided otherwise in some states, sec. 88, pp. 731, 732

right of appeal in all cases depends upon the statute, sec. 87,
may be taken from part of judgment, sec. 88, p. 732
notice of appeal required, sec. 88, pp. 732, 733, 734

p. 732

733

notice to co-parties when necessary and objects of, sec. 88, pp. 732,

who must be joined in the appeal, sec. 88, p. 733

notice in what cases dispensed with, sec. 88, p. 733

notice may be waived, sec. 88, p. 733

who must be notified, sec. 88, pp. 733, 734

bond, when required and effect of failure to give, sec. 88, p. 734

affidavit on appeal when necessary, and effect of failure to make,

sec. 88, p. 734

provision usually made for amendment, sec. 88, p. 734

record on appeal, what must contain, sec. 88, p. 735

motion for new trial, when necessary as foundation for, sec. 88, p. 735