Page:Federal Reporter, 1st Series, Volume 1.djvu/54

 e6 FBDBBAL BBPOBTBB. �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. Ttie 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 : �"That suits, actions and proceedings, by and against any association under this act, miiy be had in any circuit, district or territorial court of the United States, lield ivithïn the district in which such association may he esiaUlshed." �The act of June 3, 1864, (13 U. S. St. 116, § 57,) re- enacts this section, omitting the words "by and," so it in terme only authorized proceedings in said courts against such associations and not by them. But the supreme court, in Kennedy v. Gibson, 8 Wall. 506, liekl that the omission of those words was accidentai and not intentional, so the law remained in that respect as it was originally enacted. When the revision of the United States Stalutes was had, this sec- tion was dropped from the currency act, title, "National Banks," and was plaoed under the title "Judiciary," and there reads as follows : �"The circuit courts shall have original jurisdiction as follows : �"Tenth. Of ail suits by or agamsfc any banking associa- tion, established in the district for xchlcli the court is held, under any law jM-oviding for national banking associations." U. S. Eov. St. 110, 111. �It will be seen that this provision îs in substance the same as that contained-in the currency acts bei'ore men- tioned, and very clearly limita the jurisdiction to suits by or against banking associations established in the district ivhere the court ia held, and that jurisdiction in no way depends upon the amount in controversy. ��� �