ancillary jurisdiction


ancillary jurisdiction
The power of a court to hear, adjudicate and determine matters incidental to the exercise of its primary jurisdiction in an action. 20 Am J2d Cts § 100. A distinct department of equity jurisdiction which arose at an early day from the imperfection of the legal procedure, exercised, not to obtain any equitable remedy, nor to establish any equitable right or estate, but to aid in maintaining a legal right, and in prosecuting actions pending or to be brought in a court of law. 1 Pomeroy's Equity Jurisprudence, § 82. In the federal courts it is invoked (1) to aid, enjoin, or regulate the original suit; (2) to restrain, avoid, explain, or enforce the judgment or decree therein; (3) to enforce or obtain an adjudication of liens upon, or claims to, property in the custody of the court in the original suit. Raftery v Senter (DC Pa) 41 F Supp 807. The term "ancillary jurisdiction" is also used in referring to jurisdiction exercised by a court of bankruptcy other than that in which the main proceeding is pending. The Bankruptcy Act, expressly confers upon courts of bankruptcy ancillary jurisdiction over persons or property within their respective territorial limits in aid of a receiver or trustee appointed in any bankruptcy proceeding pending in any other court of bankruptcy. Bankruptcy Act § 2 (a) (20); 11 USC 11 (a) (20); 9 Am J2d Bankr § 77. In this connection, the term "ancillary jurisdiction", refers, not to plenary suits which follow the usual procedure of the forum, but to special proceedings in the exercise of summary jurisdiction. 9 Am J2d Bankr § 77.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • Ancillary jurisdiction — allows a federal court to hear certain claims sufficiently related to the original claim that would otherwise defeat the court s jurisdiction. Whereas pendent jurisdiction allows a federal court to hear state claims sufficiently related to an… …   Wikipedia

  • ancillary jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. ancillary jurisdiction …   Law dictionary

  • jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… …   Law dictionary

  • ancillary — an·cil·lary / an sə ˌler ē, an si lə rē/ adj 1: having a subordinate, subsidiary, or secondary nature ancillary functions an ancillary agreement 2: serving as a supplement or addition ancillary documents 3: directly related …   Law dictionary

  • Ancillary — *Ancillary administration *Ancillary jurisdiction *Ancillary statistic *Ancillary data *Ancillary relief *Ancillary doctrine …   Wikipedia

  • ancillary — /aensaleriy/ Aiding; attendant upon; describing a proceeding attendant upon or which aids another proceeding considered as principal. Auxiliary or subordinate @ ancillary administration Administration of estate in state where decedent has… …   Black's law dictionary

  • ancillary — /aensaleriy/ Aiding; attendant upon; describing a proceeding attendant upon or which aids another proceeding considered as principal. Auxiliary or subordinate @ ancillary administration Administration of estate in state where decedent has… …   Black's law dictionary

  • ancillary proceeding — A proceeding which is ancillary to an action in another jurisdiction. See ancillary jurisdiction; ancillary proceeding in bankruptcy …   Ballentine's law dictionary

  • jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… …   Black's law dictionary

  • jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… …   Black's law dictionary