A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages ...

Pirmais vāks
Callaghan, 1901

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Saturs

359 Bills to suspend or avoid the operation of decrees and judg
cxxvi
Writs and process in general
cxxxiv
458
cxlii
Writs of prohibition
cxlvi
Former method of settlement and decisions as to validity
clxii
462
clxix
468
clxxviii
TABLE OF STATUTES
clxxxiii
475
clxxxv
General survey of the jurisdiction of courts of equity
3
Removal of causes from one Federal court to another 908
7
Mandamus
9
409 Tender 978
11
476
22
Illustrations of equitable jurisdiction in the Federal courts
26
Illustrations of cases where the Federal courts have refused
32
Federal courts which have jurisdiction in equity
39
CHAPTER XVL INJUNCTIONS
40
Form Page 21 Special letter of attorney in fact 1517
49
384 Separable controversies 920
56
493 Jurisdiction in bankruptcy of the Circuit Courts 1151
62
Controversy between citizens of different States
63
Under grants of different States
70
Order approving trustees bond 1519
75
Limitations upon jurisdiction by residence
77
25
84
70
85
Page
98
CHAPTER II
122
36
128
38
143
43
149
477
153
Oath of final account of trustee 1529
157
46
160
478
162
50
167
Parties indispensable to a decree
177
When a person consents to the relief sought
180
Objection for joinder of improper parties
187
67
193
Certainty
201
Multifariousness by misjoinder of plaintiffs
207
364 Practice on application for mandamus
209
Multifariousness without misjoinder of parties
215
78
224
79
230
Interrogatories 980
232
85
239
169
241
89
245
Personal service of a subpœna
255
Substituted service of a subpoena
259
98
265
Trial 980
266
171
267
Writs of habeas corpus in general
268
102
273
Evidence Depositions 982
278
CHAPTER VIIL
281
108
287
Sales 984
288
113
293
Intervenors 985
297
Overruling a demurrer
300
126
307
130 Pleas of want of parties 812
312
Pleas of statutes
313
Pleas of matter of record
315
428 Assignment of errors 989
322
Pleas of matter in pais
323
Pleas to the discovery
324
Answers with pleas
326
Proceedings of the plaintiff when a plea is filed
328
Motion to take a plea off the file
330
172
333
Motion for a reference of a plea
334
General remarks upon pleas
336
CHAPTER X
337
145 Defenses peculiar to patent cases
338
Admissions and denials independent of discovery
341
147 Impertinence and scandal
342
Discovery
343
149 Proceedings to compel answer
348
434 Limitation of liability Petition 993
349
Signature and oath to answer
350
152 Motions to take answers off the file
351
Exceptions for insufficiency
352
Supplemental answers
355
366a Suspension of writ of habeas corpus
356
Disclaimers
358
When a replication should be filed
359
Effect of a replication
360
CHAPTER XIL AMENDMENTS 160 Amendments in general
363
Form and effect of amendment of a bill
366
What amendments to bills may be made
367
Amendment by pleading matters subsequent to the filing of the bill
370
Proceedings upon an amended bill
371
Amendments of demurrers pleas and replications 872
372
167 Amendment of answers
373
Practice in obtaining leave to amend
375
When a crossbill should be filed
377
Practice on removal of suits against revenue officers and offi
388
Proceedings upon crossbills
389
176
395
182
403
188
411
Injunctions to restrain a multiplicity of suits
456
Injunctions to prevent irreparable injury for which the remedy at law is inadequate in general
457
Injunctions to stay proceedings in other courts
458
433 Proceedings on seizures 995
462
Injunctions to restrain the alienation of property
463
Injunctions to prevent waste
464
214 Injunctions to prevent the continuance of a nuisance
465
Injunctions to restrain trespass
467
Injunctions to restrain the infringement of patents
470
218 Injunctions to restrain the unlawful use of trademarks
477
Injunctions to prevent the opening of letters
479
Injunctions to compel the delivery of personal property tor tiously withheld
480
When injunctions will not issue
482
485 Proof and allowance of claims
485
Distinction between the judicial writ and the writ remedial
486
Distinction between mandatory and prohibitory injunctions
487
Distinction between provisional and perpetual injunctions
488
Distinction between common and special injunctions
489
229 Injunctions not prayed for in the bill
490
Special practice of the Federal courts in the issue of injunc tions
491
Notice of application for interlocutory injunction
495
Affidavits upon an application for an injunction
496
Writs of error and appeals in general 1160
497
Rules of decision upon applications for interlocutory injunc tions
498
Review by Supreme Court of questions of jurisdiction 1171
499
The writ of injunction
500
500 Writs of error from the Supreme Court to State courts 1180
501
Dissolution and modification of interlocutory injunctions
502
The imposition of terms upon the issue denial dissolution or continuance of an injunction
506
237 Perpetual injunctions
509
Appeals from injunction orders
511
CHAPTER XVII
514
Rules regulating the appointment of receivers
520
Ancillary receivers
521
Terms upon the appointment of receivers and preferences in foreclosure suits
524
368a Writs of quo warranto
530
Property over which receivers may be appointed
536
Powers of receivers in general
538
Powers of receivers of railroads
541
Receivers certificates
548
Advice to receivers
549
Litigation by receivers
550
Duties of receivers
556
Liability of a receiver
558
Petition for meeting to consider composition 1533
560
Writs of scire facias
563
Manner of applying for the appointment of a receiver
564
Who may apply for the appointment of a receiver
567
The receivers security
570
Receivers accounts
572
Compensation of receivers
573
Removal of receivers
575
Discharge of a receiver
576
CHAPTER XVIII
579
Against whom the writ will issue
580
Practice in obtaining the writ of ne exeat
581
CHAPTER XIX
585
Admissions
587
Constructive admissions
589
Documentary evidence in general
590
Federal statutes regulating admission of documentary evi dence
593
Definition and use of an affidavit
608
Manner of verifying an affidavit
609
Form of an affidavit
610
Execution of an affidavit
611
Competency of witnesses
612
371 Consolidation at law and in equity
616
275 Subpoenas ad testificandum
617
Service of a subpoena ad testificandum
618
Compelling a witness to testify
621
Testimony taken in equity which may be used in other courts
622
Evidence testimony depositions and inspection
628
Practice on removal of cases arising under the civil rights laws 949
632
Testimony taken after a cause is at issue and beyond the juris
634
Proceedings under a dedimus potestatem
647
CHAPTER XX
655
Dismissal for failure to perfect or revive a suit
661
Rule for mandamus 1342
662
Rules of decision upon a hearing
667
Matters concerning which an issue is directed
673
Practice after removal 953
676
CHAPTER XXIII
679
Adjudication that debtor is not bankrupt 1513
680
A state of facts
685
315
689
Order of reference in judges absence 1515
697
Remand 962
701
Value of the matter in dispute upon writs of error and appeals 1209
703
319
704
325
712
CHAPTER XXV
718
COURT OF CLAIMS 440 Organization of Court of Claims 999
722
328
724
Mandate 1290
729
INDEX 1535
732
PRACTICE IN ADMIRALTY
735
332
738
Release of property from custody of marshal Claim 973
741
Monition 1373
743
375 Rules of decision at common
745
Writ of mandamus 1344
749
335
751
CHAPTER XXVI
757
Notice of application for attachment
765
II
770
Sequestration
772
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Populāri fragmenti

129. lappuse - Claims shall have jurisdiction to hear and determine "all claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States...
339. lappuse - Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth.
44. lappuse - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
45. lappuse - Of all suits at law or in equity authorized by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom, or usage of any State, of any right, privilege, or immunity, secured by the Constitution of the United States...
616. lappuse - Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.
220. lappuse - Every bill brought by one or more stockholders in a corporation, against the corporation and other parties, founded on rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since by operation of law...
581. lappuse - States, or in any of the courts of a particular state, or by any judge or justice therein, respectively, whereby the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by the President of the United States...
470. lappuse - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable...
616. lappuse - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States, in any criminal proceeding, or for the enforcement of any penalty or forfeiture...
561. lappuse - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...

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