United States v. Certain Land in Town of New Castle

Citations

• 165 F. 783
• 1908 U.S. App. LEXIS 5418

Syllabus

<p>1. Courts (§ 414*) — United States Courts — Circuit Courts — Jurisdiction-Condemnation Proceedings — “Court Having Jurisdiction.”</p> <p>Act Aug. 1, 1888, e. 728, 25 Stat. 857 (U. S. Comp. St. 1901, p. 2516), provides that in every ease in which the Secretary of the Treasury or any other officer of the government has been or Shall be authorized to procure real estate for the erection of a public building or other public uses he shall he authorized to acquire the same by condemnation by proceedings in the federal Circuit or District Court in the district, in which the practice, pleadings, forms, and modes of proceedings shall conform, “as near as may be,” to those existing at the time in like causes in the cohrts of the state. Act Aug. IS. 1890, c. 797, 26 Stat. 815, 816 (l). S. Comp. St. 1901, p. 2518), provides that “hereafter the Secretary of War may cause proceedings to lie instituted in the name of the United States in any court having jurisdiction of such proceedings for the acquirement by condemnation of any laud or right pertaining thereto needed for the site * , * *. for fortifications and coast defences, such proceedings to be prosecuted in accordance with the laws relating to suits for the condemnation of property of the states wherein the proceedings may be instituted.” Held, that by virtue of the earlier statute a Circuit Court of the United States is a “court having jurisdiction” of proceedings under the later act; that the provision of the latter that the proceedings shall be prosecuted in accordance with the laws of the state cannot be construed literally so as to oust the federal court of jurisdiction, where the state statute designates a special tribunal for such proceedings, but only requires a general conformity tQ,;the- state practice as a whole.</p> <p>[Ed. Note. — For other cases, see Courts, Cent. Dig. §‘1108; Dec. Dig. § 414.*]</p> <p>2. Jurisdiction.</p> <p>All other questions as to jurisdiction and form of proceedings disposed of by foll