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· 4/4/1907

Lewis Pub. Co. v. Wyman

Citations

  • 152 F. 200
  • 1907 U.S. App. LEXIS 4272

Syllabus

<p>1. Courts — Jurisdiction of Federal Courts — Nature and Source.</p> <p>The courts of the United States inferior to the Supreme Court, being statutory courts created by Congress, possess only those powers which are expressly granted to them by statute, and until Congress confers upon them jurisdiction of a matter authorized by the Constitution of the United States they cannot exercise it.</p> <p>[Ed. Note. — For cases in point, see Cent Dig. vol. 13, Courts, §§ 792, 793.]</p> <p>2. Same — Jurisdiction op State Courts — Nature and Source.</p> <p>State courts of general jurisdiction, until divested by an act of Congress of jurisdiction in causes which, under the national Constitution, may be conferred upon the courts of the United States exclusively, may, so far as the Constitution and laws of the United States are concerned, exercise jurisdiction over them.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 13, Courts, § 1326.]</p> <p>3. Same — Concurrent Jurisdiction — State and Federal Courts.</p> <p>Subdivision 4 of section 629, Rev. St. [U. S. Comp. St. 1901, p. 503], does not confer exclusive jurisdiction on the courts of the United States In controversies arising under the postal laws of the United States, but only concurrent with the courts of the states, and for this reason state courts may take cognizance of such causes.</p> <p>. 4. IlKMovAi, of Causes — Subject of Conteovebsy — Postal Laws.</p> <p>Although Congress has not authorized by special act the removal of causes arising under the postal laws of the United States, if the bill on its face shows that the controversy is one arising under the postal laws of the United States, and the value of the matter in controversy exceeds 82,000, exclusive of interest and costs, such cause is removable from the state to a national court, under section 2 of the act of March 3, 1887, c. 373, 24 Stat. 553, as corrected by the act of August 13, 1888, c. 806, 25 Stat. 434 [ü. S. Comp. St. 1901,- p. 509].</p> <p

Judges: Trieber

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