The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02

district court In any State by corpor-
alton habituslly carrying on business
therein, by reason only OF its being q
citizen OF another Sta e, nor by cor
poration created by law OF the United
States. except upon a Gauss d action
directly founded npon the Constitu.
ton, or law or treaty OF the United
States, unless specially authorized by
law 80 TO do.
The decision of the Circuit Court
upon questions of fact shall in all
equity cases be fiual and conclusive,
except az otherwise provided in this
section the facts to be specially found
II requested by eli her party, and the
rulings OF the Court occurring during
the trial or hearing, upon the sdmis-
sion or rejection OF evidence, or upon
lis legal effect, may be brought into
the record by a bi Of exceptions duly
allowed and signed according to the
practice in cases at law, and review
upon all quest ons OF law upon the
record may be had upon writ OF error
or appeal, in the manner now pro-
vided by law, TO the Supreme CouIt OF
the United States, from every final
judgment or decree OF The Circuit
Court, where the matter in contro-
versy exceed $4,000, exclusive OF cost,
or where the adjudica ion involves a
question upon the construction OF the
C)nstituton, or the construction or
validity OF treaty or law Of
the United Slater, or where the Cir
cult Court shall certify that the adju-
dicstion involved legal question Of
sufficient inn ortsnce to require that
the final decision thereof should be
made by the Supreme Court; but in
the last mentioned two casss the Cir.
Ocuit Court shall state the question
arising upon the construction Of the
OoDsti tut or the construction OF the
validity Of such treaty or law, or the
question that the adjudication in
wolves, with the facts upon which the
same arises, end such questions only
shall be GER fled to and finaily decide d
by the SUPREME Court; aud its de.
cision thereon shall be- enforced in
like manner az is now provided by
Law in cases where question is car
tilted to the Supreme Court upon
which the Judges of a Circuit Court
are divided in opinion.
But in patent and copyright cases
in equity review of the Supreme
Court may bs had, without regard 10
the sum or value in dispute, upon the
questions bath OF law and fact affect
ing the validity or Infringement OF the
patent or copyright; provided, that
the Circuit Court shall certify that q
ques ion is involved of sufficient im.
portance 10 render it proper that the
iiual decision thereof should be made
by the Supreme Gut.
Such writ of error or appeal shall be
sued out or taken within one year
after the entry OF the judgment or de-
cree sought to be reviewed.
The Supreme Court may affirm,
modify or reverse the judgment q
decree brought before it for Tevi W,
or it may direct a judgment or decree
shall be RENTED TO The pepper Circuit
or District Court, TO be enfoI ced &C.
cording TO law.
II within the year after the entry of
judgment or the decree sought to bs
reversed any person shall die, the per-
sjnal representative or heir, as the
case may r,qui,e, may, within one
ar next aittr the proof OF the will OF
the appointment Of the admi nistrstor,
or within one year next after the
death Of the ancestor in the case an
heir, sue oat or be made parry to O
writ OF error, or take an appeal or br
made party theret ,, without revivire
the judgment or decree in the court
in which the same was entered.
Bat appeals token aud wrts of error
sued out 10 the Supreme Court under
existing laws before this act takes
effect shall not be affected by this act
This act is an effort in the right
direction, and seeks to obviate to soms
extent The laws delay 10 the Federal
courts, which in many respects is az
glazing as in some Of the State courts
The passage Of this act, OF a similar
one, should be urged upon Congress
aud this association can aid therein
and to that extent further an objec
of its o giniz uion by importuning the
Tennes co Senator's and Representa-
tives to urge its passage. Otriainly il
is a matter OF too much importance &c
the administration of justice for the
association 10 allow il to pass by IL
silence.
In the ablence Of any session of ou'
Legislature since your last meeting, &c
witch | might cali your attention, IL Il
perhaps excusable for me 10 suggest {
lew topics upon which the Legislature
mex TO assemble may be called upon
to act
NEEDED STATE INHALATION.
1t is difficult to determine what may
be the effect of the changes lately
made in the judicial, circuit anC
Chantery divisions of the State; it /!
more than probable, however, that in
the future as in tina p st, judges OF
some Districts, and the chaI cellors o
some OF the divisions, may have more
worG than they can properly attend to
while others may not be sufficiently
occupied,
In such contingency there should
he q power lodged somewhere to sent
the judges or chancellors from one
circuit or division to another, as the
exigencies Of the situation may render
eNpedient.
ibis power might be vested either
in the Governor or the Oh ef Justice
OF the Supreme Court.
Such is the practice as TO the .dstric
Judges under the Federal system, and
has teen found to work we'll, the
power there bsing vested in the Or
cult Judge.
SUPREME COURT.
Another matter which cor Germs the
sdministrat ON OF justice most seri
ously, and upon which l have beer
able to hear but one expression, is he
necessity for a constitutional amend
ment locating the Supreme Cour per
mauent'y at Nashville for the entire
| state.
We all know that the situs OF the
Supreme Court ives placed in the diff
feIent sections o. the State at tim,
when access TO the court was has
through the medium OF horseback
| travel.
With the railroad facilities now iur
nished for reaching Nashville, there il
no longer Rny reason why the old or
der of thing should be maintained
| T. 10 A ,,oltar Of ,,rnf,uul aginli ali