PREFACE TO THIRD EDITION. The decisions during the nine years since the publication of the second edition of this book have made clear much that was then obscure concerning the jurisdiction of the Circuit Courts under the Judiciary Act of 1887 and of the Supreme Court and Circuit Courts of Appeals under the Evarts Act of 1891. This reason alone would have seemed to justify a new edition; but the Bankruptcy Act of 1898 made it a necessity. The entire work has been rewritten in the light of the subsequent cases and statutes. By the transfer of many instances from the text to the notes and the omission of a number of long quotations, the writer is enabled to make room for much new matter, although he has added only about three hundred pages to the book. A new chapter on Practice in Bankruptcy has been included. He has also added, wherever they seemed appropriate, references to the leading cases in the different States upon points of equity pleading and practice, including those which are still important under Codes of Civil Procedure. He hopes that the book now contains everything except a knowledge of the local rules of court that is necessary to qualify a practitioner in the courts of equity of New Jersey, Massachusetts, Delaware, Tennessee, Kentucky, Mississippi, Alabama and the District of Columbia, as well as in all the courts of the United States; besides the treatment of a number of topics such as parties, service of process by publication, multifariousness, injunctions, receivers and others equally important under Code practice. NEW YORK, August 2, 1901. 1. Equitable jurisdiction in general... § 2. General survey of the jurisdiction of courts of equity...... § 3. Constitutional provisions affecting the jurisdiction of the Fed- The distinction between law and equity in the Federal courts 5. General rules affecting the jurisdiction in equity of the Fed- § 11. Illustrations of equitable jurisdiction in the Federal courts... § 12. Illustrations of cases where the Federal courts have refused to 86 Jurisdiction of the District Courts of the United States...... § 26. Territorial jurisdiction and terms of the Supreme Court, Cir- Suits on behalf of idiots, lunatics and persons of weak mind.. Capacity of foreign executors, administrators and receivers to Parties with no interest in the subject-matter of the suit..... Omission of defendants not within the jurisdiction of the court 167 When the plaintiff waives his right against a person.. § 57. When the interest of an absent person is evidently very small § 57a. When the absent persons are unknown...... § 58. When the right of administration is in dispute..... $59. Relaxation of rules as to parties in special cases. 60. Restatement of the rules as to parties.... |