nomic mz. IMP. co. v. ME·1*c.4.LF. 7
Picrrio BY. Im. Co. v. Mnrcsnr and others." I ‘ _
(Oarcuit Uawrz, N. D. Texas. December, 1882.) Q
Jtmrsmorrron or rim Cmourr Oomvr in Nonrrfnnn Drsrmcr on Ts·.xns—B¤1>1•.
Rav. Sr.415, 490, 550; Aer on Maxon 3, 1875. r t
. _ The jurisdiction of the circuit court for the northern district of Texas, so far
as. it is affected by the citizenship or residence of parties litigant, is not re-
stricted by any of the provisions of the act of congress creating the northern A
district of Texas, (Supp. Rev. Sd`415,) nor by any of those of the acts amend-
atory thereof, (Id. 490, 550,) but is regulated by the provisions of theljuris-
diction act of March 3, 1875, (18 St. 470.)
On Demurrer to the Jurisdiction. e I
Mr. Herman, for plaintiff. r · t
Mr. Stmnghan, for defendants. r
Pinnnn, J. This suit is brought in this court atthisplace by the
plaintiff, an alleged citizen of the state of Connecticut; against the
defendants, alleged citizens of Palo Pinto county, in this district. The
defendants demur to the jurisdiction of·the court, on the ground that
under the act of congress creating the northern district of Texas,
(Supp. Bev. St. 415,) and the acts amendatory thereof, (Id. 490, 550,)
the defendants, as citizens of Palo Pinto county, can only be sued in
the circuit court ofthe northern district of Texas, at Graham, in said `
district, and that this circuit court, sitting at Dallas, has no jurisdic-
tion over defendants as such citizens of Palo Pinto county.
An examination of the said statutes brings us to the conclusion
that all of the provisions of the said act, restricting the return of
process in civil cases to particular places in said district, apply only
to the district court; except, perhaps, for the county of Jackson, in
the eastern, and certain counties in the western district. In fact, the
original act does not refer to the circuit courts, as then none were
established for the northern district.
The first amendatory act goes no further, so far as the circuit
court is concerned, than to attach the newly-created district to the
fifth circuit, and provide for the times when and—the places where
the circuit court for the district shall be held.
The second amendatory act provides only with regard to the trial
of criminal offenses.
The general statute establishing circuit courts provides:
“ Circuit courts are established as follows: one for the three districts of
Alabama, one for the eastern district of Arkansas, one for the southern dis-
*l? eported by Joseph P. Horner, Esq., of the New Orleans bar.