46 I'1u>1¤B.AL REPORTER.
Involving, as it does, the right of national banks to sue in
the federal courts out of the district in which they are estab-
lished, the question presented is an interesting one. The
amount in controversy in this case being less than $500, that
alone would defeat the jurisdiction, unless there is some law
authorizing national banks to sue in the federal courts out of
the district where they are established, and without regard
to the sum in controversy.
Section 59 of the act of 1863, commonly known as the
"Currency Act," (12 U. S. St. 681,) reads as follows:
"'I’hat suits, actions and proceedings, by and against any
association under this act, may be had in any circuit, district
or territorial court of the United States, held within the district
in which such association may be esIal·Jishecl."
The act of June 3, 1864, (13 U. S. St. 116, § 57,) re-
enacts this section, omitting the words "by and," so it in
terms only authorized proceedings in said courts against
such associations and not by them. But the supreme court,
in Kennedy v. Gibson, 8 Wall. 506, held that the omission of
those words was accidental and not intentional, so the law
remained in that respect as it was originally enacted. When
the revision of the United States Statutes was had, this sec-
tion was dropped from the currency act, title, "National
Banks, " and was placed under the title "Judiciary," and there
reads as follows:
1 "The circuit courts shall have original jurisdiction as
follows:
as n » in e in »
“Tenth. Of all suits by or against any banking associa-
tion, established in thc district fir which the court is held, under
any law providing for national banking associations. " U. S.
Bev. St. 110, 111.
It will be seen that this provision is in substance the
same as that containedin the currency acts before men-
tioned, and very clearly limits the jurisdiction to suits by
or against banking associations established in thc district where
the court is held, and that jurisdiction in no way depends upon
the arnountin controversy,