The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
therefore, a common law right is asserted, we must look to the
State in which the controversy originated."[Footnote: Wheaton
_v._ Peters, 8 Peters' Reports, 658.]
The State courts have looked upon the doctrine announced in Swift
_v._ Tyson with an unfriendly eye. In some, its authority
is denied.[Footnote: See Porepaugh _v._ Delaware, Lackawanna
and Western R. R. Co., 128 Pennsylvania State Reports, 217; 18
Atlantic Reporter, 503.] In none will it affect the disposition
of a cause turning upon its own law, and not pending in the
federal courts. It has, however, been repeatedly reaffirmed by
the Supreme Court of the United States, though the later
decisions appear to limit its effect to questions growing out of
commercial transactions not wholly confined to a single
State.[Footnote: Western Union Telegraph Co. _v._ Call
Publishing Co., 181 United States Reports, 92. See Article on
the Common Law of the Federal Courts, by Edward C. Eliot,
_American Law Review_, XXXVI, 498.]
The right of recovery on a cause of action of a commercial nature
will therefore often depend on the court which the plaintiff
selects. If he sues in a State court, the common law of the
State, as the judicial authorities of that State declare it to
be, will be applied; if he sues in a court of the United States,
the common law of the State as the judicial authorities of the
United States declare it to be. Each tribunal will profess to
decide by the same rule--the law of the State; but the federal
court will really apply the common law of England, as it is
generally understood to be, instead of the common law of that
State as it is locally understood to be.
The relations between the federal and State courts which have
been described obviously present many occasions for conflicts of
authority. That such conflicts are so infrequent is mainly due
to a spirit of comity, which the judges of each sovereignty
should and generally do show to those of the other. The federal
courts are also prohibited by Act of Congress from issuing any
injunction to stay proceedings in a State court, except in
certain cases arising under the bankruptcy laws. Independent of
any statute, however, the general principles of jurisprudence
forbid any direct attempt either by a court of the State to
control the action of a court of the United States or by a court
of the United States to control the action of a State court,
except to the limited extent for which provision is made in the
national Constitution.[Footnote: Diggs _v._ Wolcott, 4
Cranch's Reports, 179; M'Kim _v._ Voorhies, 7 Cranch's
Reports, 279.] Each court, this exception aside, exercises
powers belonging to an independent sovereign, and therefore
subject to control by that sovereign only.
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