US SUPREME COURT DECISIONS

Jurisdiction of the circuit court is in issue under § 5 of the Judiciary Act of March 3, 1891, c. 517, 26 Stat. 826, whenever the power of the court to hear and determine the cause as defined or limited by the Constitution or statute of the United States is in controversy, and that covers a case where the jurisdiction of the particular circuit court is questioned under the statute prescribing the form and place of the action.

Under the Materialmen Act of August 13, 1894, c. 280, 28 Stat. 278, as amended February 24, 1905, c. 778, 33 Stat. 811, an action for performance of a bond given under such act can only be instituted in the district in which the contract was to be performed.

A provision in a statute prescribing that an action shall only be brought in a particular district operates pro tanto to displace the provision upon that subject in the General Jurisdiction Act of 1884, 25 Stat. 433, c. 866.

The facts, which involve the jurisdiction of this Court under § 5 of the Judiciary Act of 1891 and of the Circuit Court of actions on materialmen's bonds, are stated in the opinion. chanrobles.com-red

Page 222 U. S. 200