- 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. Anderson, W.S.. 1998.