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The Constitution's choice of tribunals

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  • Legalbear
    A party by going into a national court does not, this court has said, lose any right or appropriate remedy of which he 517*517 might have availed himself in
    Message 1 of 1 , Feb 27, 2011

      A party by going into a national court does not, this court has said, lose any right or appropriate remedy of which he 517*517 might have availed himself in the state courts of the same locality; that the wise policy of the Constitution gives him a choice of tribunals. Davis v. Gray, 16 Wall. 203, 221; Cowley v. Northern Pacific Railroad, 159 U.S. 569, 583. So, "whenever a citizen of a State can go into the courts of a State to defend his property against the illegal acts of its officers, a citizen of another State may invoke the jurisdiction of the Federal courts to maintain a like defence. A State cannot tie up a citizen of another State, having property rights within its territory invaded by unauthorized acts of its own officers, to suits for redress in its own courts." Reagan v. Farmers' Loan & Trust Co., 154 U.S. 362, 391; Mississippi Mills v. Cohn, 150 U.S. 202, 204; Cowles v. Mercer Co., 7 Wall. 118; Lincoln County v. Luning, 133 U.S. 529; Scott v. Neely, 140 U.S. 106; Chicot County v. Sherwood, 148 U.S. 529; Cates v. Allen, 149 U.S. 451. Smyth v. Ames, 169 US 466, 517 (1898).

       

       

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