French Civil Code

“ So far as here material, the Code confers jurisdiction of a suit of a civil nature, where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of $3,000 and is between citizens of different states.
Authority for removal of certain causes from a state to a federal court was first given by section 12 of the Judiciary Act of 1789 [3] which permitted removal of a civil suit, instituted by a citizen of the state in which the suit was brought, against a citizen of another state, where the matter in dispute exceeded the sum or value of $500, exclusive of costs. ”

“ When a rule of law can be stated in general terms legislators ought no doubt to so formulate it. But the French Code, not satisfied with general propositions, frequently descends to particulars. This is avoided in the Japanese Code. Every changing and progressing society produces different phases of development. ”

“ Certain provisions of the Civil Code and the Code of Practice, as well as a number of decisions of the supreme court of the state, are relied upon to support this view all which we shall now consider. ”

“ But this claim was met by the supreme court by a reference to the statement of motives for the Civil Code, which reads that if it was proper to give effect to rights acquired under prior legislation, no consideration of justice required that the subsequent exercise of them 'as well as their duration and the proceedings for enforcing them should be exempted from the provisions of the Code;' and by the interpretation of the fourth transitory provision (following art. 1976) . ”

“ This difficulty being removed, however, it has been found as practicable to reduce the common law of England to the form of a code as the law of any other country. The civil code, defining the rights of individuals as between each other, is the one most interesting to the public at large. This code, as reported in New York and adopted in California and Dakota, consists of three principal divisions, viz., persons, property, and obligations, and a fourth or supplemental division containing general provisions applicable to more than one of the chief divisions already mentioned. ”

“ That clause only saves to suitors 'the right of a common-law remedy, where the common law is competent to give it.' It is not a remedy in the common-law courts which is saved, but a common-law remedy. A proceeding in rem, as used in the admiralty courts, is not a remedy afforded by the common law; it is a proceeding under the civil law. When used in the common-law courts, it is given by statute.
It follows, from the views expressed, that the judgment of the County Court must be reversed, and the cause remanded, with directions to dismiss the action for want of jurisdiction. ”

“ The whole life of the Commune is embraced in the statutes: the election and functions of political magistrates; public, civil, criminal, administrative, and commercial law. Public law is the subject most fully dealt with; while, for reasons already explained, civil law is left very incomplete. Nevertheless the statutes handle, with more or less detail, such matters as personal status, dowers, contracts, judicial procedure, succession, wills, rights arising in respect of contiguous lands or houses, and, above all, the family. ”

“ At common law jurisdiction over the estates of deceased persons vested in the ecclesiastical, common-law and chancery courts, and, in this country, courts of probate or orphans' courts have universally been created by statute for the general exercise of that jurisdiction, including the exercise of equitable, as well as common-law, powers and the pursuit of appropriate procedure. ”

“ The growth of the law of procedure in the United States during the last half-century has been steadily in the direction of simplicity and directness in the administration of justice. To that end, and with careful regard for the constitutional rights of the parties, this Court, pursuant to specific authorization by Congress, adopted the Rules of Civil Procedure, abolishing procedural distinctions between law and equity and establishing a single unified practice. ”

“ This law continued in force until 1870, when it was superseded by a general provision contained in the Revised Statutes of 1870 (sect. 3392, p. 659) , and in the Civil Code, as published in that year, art. ”

“ It is the duty of the sovereign to provide a tribunal, under whose direction the just demands against the estate may be determined and paid, the succession decreed, and the estate devolved to those who are found to be entitled to it. Sometimes this duty is performed by conferring jurisdiction upon a single court and sometimes by dividing the jurisdiction among two or three courts. The courts may be termed ecclesiastical, probate, orphans', surrogate, or equity courts. ”

“ If a federal court concludes it is uncertain whether a Civil Rule truly governs a given question of practice, and if a relevant state rule of law differs, the extent to which application of the Civil Rule would interfere with substantive rights is certainly one of the factors that should be considered in deciding whether the Civil Rule applies. ”

“ A court of equity will not interfere with the husband's right to receive the income during the coverture, though the wife resist the application."
No person convicted of Catholicism may practice the common law as a counsellor, clerk, attorney, or solicitor, nor may practice civil law as advocate, or proctor, nor shall be justice, minister, clerk, or steward in any court, nor practice medicine, nor perform as apothecary, nor be officer in a town, in the army, or navy, or forfeit 100 pounds as punishment. Nor may they be administrators of estates, or have custody of any child as guardian. ”

“ That where a state law, statutory or customary, gives to the citizens of the state, in an action or suit inter partes, the right to question at law the probate of a will or to assail probate in a suit in equity, the courts of the United States, in administering the rights of citizens of other states or aliens, will enforce such remedies. ”

“ Revised Civil Code, 1870, Articles 57, 64, 120, 121, 128, 131, 132, 149, 150, 155-156, 159 and art. 160 (as amended by Act 247 of 1916, p. 521) ; 915 (as amended by Act 160, 1920, p. 250) ; 917, 2332, and art. 2334 (as amended by Act 186, 1920, p. 304) ; 2383, 2386, 2392-2401, and art. 2402 (as amended by Act 68 of 1902, p. 95) ; 2403, and art. 2404 (as amended by Act 96 Reg. Sess. 1926, p. 136) ”

“ No individual, no fraction of the people can arrogate to themselves its exercise.
Chapter II.—Rights of Citizens guaranteed by the Constitution. Art. 2. No person can be arrested or detained, except as prescribed by law.
Art. 3. The dwelling of every person inhabiting the French territory is inviolable, and cannot be entered except according to the forms and in the cases provided against by law.
Art. 4. No one shall be removed from his rightful judges—no commissions or extraordinary tribunals can be created under any pretext, or by any denomination whatsoever. ”

“ We think the rule is settled in this court that whenever a new right is granted by statute, or a new remedy for violation of an old right, or whenever such rights and remedies are dependent on State statutes or acts of Congress, the jurisdiction of such cases, as between the law side and the equity side of the Federal courts, must be determined by the essential character of the case, and unless it comes within some of the recognized heads of equitable jurisdiction it must be held to belong to the other. ”

“ Where no other legal recourse or remedy is available, anyone whose rights or freedoms as declared by this Charter have been infringed or denied to his or her detriment has the right to apply to a court of competent jurisdiction to obtain relief or remedy by way of declaration, injunction, damages or penalty, as may be appropriate and just in the circumstances. ”

“ The presumption as well as the fact, therefore, is that there has been no variation or abrogation of the ordinance of 1779.
The property of American citizens resident in France must, as I conceive, be considered as French, and subject to the same rule. This effect of domicil or national character is produced in every case where that character is judged of merely by the law of nations. Birth, by the municipal laws of many countries, is considered as fixing an indelible national character ”

“ Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. ”

“ The subject, therefore, has a twofold aspect,-the power of Federal courts to entertain jurisdiction concerning the probate or the revocation of the probate of wills, where the requisite diversity of citizenship exists, and the power of those courts, where such diversity obtains, to adjudicate concerning rights against the estates of decedents. ”

“ And the equity rules qualify the statute only so far as to allow, in cases of husband and wife, a copy of the subpoena to be delivered to the husband, and in other cases a copy to be left at the dwelling-house, or usual place of abode of the defendant, with some person who is a member of or resident in the family. In either mode, the defendant is to be served within the district, and until such service or his appearance, the court has no jurisdiction to proceed or to render a decree affecting his rights or interest. ”

“ The act of 1789 [1] declares that 'no civil suit shall be brought . . . against an inhabitant of the United States by any original process in any other district than that whereof he is an inhabitant or in which he shall be found at the time of serving the writ.' The act of 1839 [2] authorizes the voluntary appearance of parties in regard to whom there is no inherent and insuperable jurisdictional objection, in suits elsewhere than in the district in which they reside, or in which they may be found. ”

“ Although a federal equity court does have jurisdiction of a particular proceeding, it may, in its sound discretion, whether its jurisdiction is invoked on the ground of diversity of citizenship or otherwise, 'refuse to enforce or protect legal rights, the exercise of which may be prejudicial to the public interest' ”

“ The ecclesiastical courts had no jurisdiction over wills of land, and the common law courts were careful to keep the ecclesiastical courts within their limits by means of prohibition. No probate of a will of land was necessary, and title to real estate by will might be made by production of the will as a document of title. The liability of the executor and legatee for the debts of the testator has been gradually established by legislation. ”

“ To decree civil, commercial, penal and mining Codes, but such Codes shall have no power to change local jurisdiction; their application shall belong to the Federal or Provincial courts, in accordance with such things or persons as may come under their respective jurisdiction; especially, general laws embracing the whole Nation, shall be passed upon naturalization and citizenship, subject to the principle of native citizenship; also upon bankruptcy, the counterfeiting of current-money and public State documents; and such laws as may be required for the establishment of trial by Jury. ”

“ In these circumstances we think the adopting act, rightly interpreted, put the section in force there. Separated, as it then was, from the restraining influence of the supposedly conflicting provisions of the civil practice act, it assumed its normal place among the other laws with which it was adopted. ”

“ They have no jurisdiction to adjudicate questions of title to real estate or any interest therein, or in civil actions in which the subject of litigation is not capable of pecuniary estimation, except in forcible entry and detainer cases, or in those which involve the legality of any tax, impost, or assessment, or in actions involving admiralty or marine jurisdiction, or in matters of probate, the appointment of guardians, trustees, or receivers, or in actions for annulment of marriage. ”