Louis Brandeis

“ Section 51 of the Judicial Code does not in terms provide for the case where there are several defendants. Does the limitation of jurisdiction to the district of the residence 'of either the plaintiff or the defendant' mean also of all the plaintiffs or all the defendants, so that, when the several defendants are not all residents of the district in which they are sued, the nonresident may assert the privilege not to be sued therein? ”

“ The objection made to this ruling was based wholly on the ground that, as the mill properties were vested in the Morgan Lumber Company, Gress could not recover more than nominal damages, although he owned all of its stock. The contention is that before it could be determined whether plaintiff, as owner of the stock of the Morgan Lumber Company, sustained any damages by reason of the depreciation in value of the mill property, an accounting and settlement of the Morgan Lumber Company's affairs would be necessary ”

“ Such proceedings are governed entirely by the acts of Congress, the common law, and the ancient English statutes. United States v. King, 7 How. 833, 844, 12 L. Ed. 934; Boogher v. Insurance Co., 103 U.S. 90, 95, 26 L. Ed. 310 ”