Venner v. Great Northern Ry. Co.

Citations

• 153 F. 408
• 1907 U.S. App. LEXIS 5099

Syllabus

<p>1. Courts — Equitable Jurisdiction of Federal Courts — Rules of Supreme Court.</p> <p>While the Supreme Court may not by rule or otherwise limit the jurisdiction conferred on the United States Circuit Courts by statute, it may, and must when the occasion demands, determine what cases are within the equitable jurisdiction of such courts, and may prescribe by rule the cases or classes of eases in which they will grant equitable relief, and such rules govern in all cases, whether commenced in such courts or removed into them from state courts.</p> <p>2. Same — Adoption op Practice op State Courts — Equity Causes — Corporations — Suits by Stockholder — Right to Maintain in Federal Court.</p> <p>Under equity rule 94 (104 U. S. ix), a complainant, suing as a stockholder in a corporation on behalf of himself and other stockholders, cannot maintain a suit in equity in a Circuit Court of the United States against the corporation and others, founded on rights which may be properly asserted by the corporation, unless he was a shareholder at the time of the transaction of which he complains, or his shares have devolved on him since by operation of law; and such rule governs, although the cause was removed from a stats court in which by reason of statute or decision such fact is not essential to the granting of equitable relief.</p> <p>LEd. Note. — For cases in point, see Cent Dig. vol. 13, Courts, §§ 902-907%.</p> <p>Jurisdiction as affected by state laws, see note to Barling v, Bank of British North America, 1 C. C. A. 513 j</p>