United States v. Congress Construction Co.

Citations

• 222 U.S. 199
• 32 S. Ct. 44
• 56 L. Ed. 163
• 1911 U.S. LEXIS 1774

Syllabus

<p>Jurisdiction of the Circuit Court is in issue under § 5 of the Judiciary Act of March 3, 1891, c. 517, 26 Stat. 826, whenever- the power of the court to hear and determine the cause as defined or limited by the Constitution or statutes of the United States is in controversy; and- that covers a case where the jurisdiction of the particular Circuit Court is questioned under the statute prescribing the form and place of the action.</p> <p>Under the Materialmen Act of August 13, 1894, c. 280, 28 Stat. 278, as amended February 24, 1905, c. 778, 33 Stat. 811, an action for performance of a bond given under-such act can only be instituted in the district in which the contract was to be performed.</p> <p>A provision in a statute prescribing that an action shall only be brought in a particular district operates pro tanto to displace the provisions upon that subject in the General Jurisdiction Act of 1884, 25 Stat. 433, c. 866.</p>