Henry Billings Brown

“ It is entirely true that section 8 of the act of 1875, authorizing publication, does not enlarge the jurisdiction of the circuit court. It does not purport to do so. Jurisdiction was conferred, by the first section of the act of 1888, of 'all suits of a civil nature,' exceeding $2,000 in amount, 'in which there shall be a controversy between citizens of different states;' and this implies that no defendant shall be a citizen of the same state with the plaintiff, but otherwise there is no limitation upon such jurisdiction. ”

“ As suits are usually begun in the district in which the defendants, or one of the defendants, reside, the question practically involves the whole power of the circuit court of one district to take jurisdiction of such suits, brought against defendants, some of whom are residents of other districts. ”

“ This suggestion is the more important in view of a statute of Florida which authorizes a court of equity, in partition cases, 'to ascertain and adjudicate the rights and interests of the parties,' which has apparently been held to authorize the court, in its discretion, to settle the question of title, as incidental to the main controversy, or retain the bill, and refer it to a court of law. ”