Page:Federal Reporter, 1st Series, Volume 9.djvu/815

 800 FEDERAL REPORTER. �plea, Mr. Justice McLean, in delivering the opinion of the court, said: �"But if the plea had been perfect in this respect it would not follow that the complainaiit could not invoke the iurisdiction of the circuit court. He, being a non-resident, bas his option to bring his suit in that court, unless he has sub- mitted, or ia made a party in some form, to the special jurisdiction of the court of common pleas. It appears from the bill that the assignees have re- f used to allow the claim of the plaintiff, or any part of it. To establish this cluim as against the assignees the complainant has a right to sue in the cir- cuit court, which was established chiefly for the beneflt of non-residents. Not that the claim should thus be established by any novel principle of law or equity, but that his rights might be investigated free from any supposed local prejudice or unconstitutional legislation. On the most liberal construction favorable to the exercise of the special jurisdiction, the rights of the plaintifE in this respect could not, against his consent, be drawn into it." �In Midlctt V. Dexter, 1 Curt. 178, sometimes relied upon to avoid the jurisdiction of the circuit court, jurisdiction was entertained in favor of a non-resident to reopen accounts of administrators, settled in the probate court of Rhode Island, on the ground of fraud, although it was refused as to accounts then actually in process of settlement in the state court. Union Bank v. Jolly, 18 How. 503; Hyde v. Stone, 20 How. 170; Payne v.Hook, 7 Wall. 425. �According to the allegations of the bill, a particular fund was to be set apart for the payment of the orators' notes, which was not set apart, or if set apart has not been applied to that purpose. The orators have the right to apply to the federal courts, on account of their citizenship, to have their claims investigated. The merits of their claims are not yet before the court, and cannot be until answer and proofs are made. The only question now is whether the case shall proceed to answer and proofs. Nothing is seen adequate to deprive the orators of their right to resort to the federal courts, in common with all citizens, no one state having or claiming to have cause of action against citizens of another state to have their causes tried. �The demurrer and plea are overruled; defendants to answer over by the first day of next term. ��� �