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LELAND STANFORD, JR., UNIVERSITY

LAW DEPARTMENT.

57361

COPYRIGHT, 1890,

BY

ROGER FOSTER.

COPYRIGHT, 1892,

BY

ROGER FOSTER.

COPYRIGHT, 1901,

BY

ROGER FOSTER.

STATE JOURNAL PRINTING COMPANY,

PRINTERS AND STEREOTYPERS,

MADISON, WIS.

ΤΟ

The Memory of my Father,

DWIGHT FOSTER,

FORMERLY JUSTICE OF THE SUPREME JUDICIAL COURT
OF MASSACHUSETTS,

I DEDICATE THIS BOOK

BEGUN AT HIS SUGGESTION,

ALTHOUGH HE DID NOT LIVE TO CORRECT ITS FAULTS.

PREFACE TO SECOND EDITION.

The passage of the Evarts Act creating the Circuit Courts of Appeals, which radically changed the jurisdiction and practice affecting appeals and writs of error, and the many recent decisions explaining the right to and practice in removals from the State to the Federal courts, have rendered a second edition necessary. The reception given by the bench and bar to the first edition has encouraged the author to enlarge the scope, and he hopes the usefulness of the book. Many of the original sections have been rewritten, and new sections have been added to the original chapters, including all material statutes and decisions passed or reported before the October term of 1891, and many decisions since that date which have been added while the book was in the press.

New chapters have been added, on Practice in Admiralty, by Charles C. Burlingham, Esq., of the New York bar; Practice in the Court of Private Land Claims, by ex-Judge E. A. Bowers, now of the bar of Washington, D. C.; and Practice in the Court of Claims. The chapters on Jurisdiction, Evidence, Costs, Practice at Common Law, Removal of Causes, and Writs of Error and Appeals, have been entirely rewritten and nearly doubled in size. A large number of forms and rules and a few recent statutes have been added to the Appendix. It is hoped that the book will now serve as a full guide to the practitioner in every branch of Federal practice in civil causes.

The author has been greatly aided by the Notes to the Revised Statutes by Messrs. Gould and Tucker, and by the Important Federal Statutes Annotated, by Mr. Russell H. Curtis.

The references to the Supplement to the Revised Statutes are to the first edition.

NEW YORK, January 11, 1892.

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