Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law in the Circuit Courts of the United States : Accompanied With, as a Basis of Federal Judicial Procedure, a Statement of the Dual System of Government Created by the Federal Constitution and the Constitutional Limitations Imposed Upon the State and Federal Governments and the Creation of the Federal Judicial System and the Jurisdiction of All the Federal Courts, Τόμος 1

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T.H. Flood, 1908 - 1071 σελίδες
 

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Περιεχόμενα

THE CONSTITUTIONAL BASIS OF PROCEDURE IN THE COURTS
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SameMechanics lien cannot be enforced in an action
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CHAPTER II
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The government of the United States is national in its char acter
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Implied powers of the federal government
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SameMeaning of implication
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The powers of government classified according to their dis tribution by the constitution
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The commercial powerReasons for vesting it in the na tional government
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The power to regulate commerce is vested in the legislative branch of the government
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Constitutional provisions correlated to the commerce clause
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Commerce within the meaning of the constitution is a unit
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The commercial power of congress does not extend to state commerce
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Commerce defined
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Failure of congress to act in regard to any commercial sub ject of a national nature is a declaration that as to such matter commerce shall remain free ...
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The reserved powers of the states
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Sovereignty of the states over their navigable waters and the soils beneath them 42 SameTide WatersThe Great Lakes
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Same Mississippi River
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Riparian rights determined by state laws 45 Riparian rights subordinate to the commercial power of congress
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Authority to maintain bridge across navigable stream 47 SameFederal statute requiring assent of the federal gov
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Power of the states to improve their harbors bays and navi gable rivers 49 SameFederal statute requiring assent of the federal gov ernment 50 Distinct...
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Admiralty jurisdiction of the United States over the public navigable lakes and rivers of the states
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State pilotage lawsAdministered in federal courts
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SameConstituent elements of the jurisdiction 506
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166
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CHAPTER III
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169
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CHAPTER IV
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THE STATE SYSTEM OF PLEADING FOLLOWED IN THE FED
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When United States supreme court follows state decisions
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SameSameSuit brought by state on relation of a party 533
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CHAPTER V
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171
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Same Effect of the fourteenth amendment
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SameStatutory definitionPunishment of treason
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Independent and coordinate jurisdiction of the federal
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SameDefined by United States supreme court 105 Limitations upon the power of the government in prosecu tions by impeachment
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SameHistory and character of the procedure in England The commons the grand inquest of the realm
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SameSameObjects and purposes of parliamentary
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SameObjects and purposes of impeachments under the federal constitution
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SameRestraint upon pardoning power of the president 110 SameRight of trial by commonlaw jury
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Due process of lawMaxims of the English constitution and the common law 112 Same Means and methods by which these guaranties were violated
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Due process of law secured by constitutional limitation upon both federal and state governments
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The constitutional provision securing due process of law as against the action of the federal government 115 SameThe inhibition is a restraint on all t...
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The federal rule for determining what is due process of law
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SameControlling force of the federal constitution 119 SameSameDecision of administrative officers as to right of foreigners to enter the United States
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The due process of law of the English constitution em bodied in the amendments to the federal constitution 121 Unreasonable search and seizure XX
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SameRequisites of lawful search
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No person compelled to be a witness against himself in a criminal case
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SameExtent and application of the principle
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Same Meaning of the words any criminal case
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SameSameDiscovery in a suit in chancery
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SameSameAct in relation to testimony before the inter state commerce commission
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The maxim Nemo tenetur seipsum accusareIts history and exceptions to the rule
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SameTest of admissibility of confessions
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Fourth and fifth amendments violated by federal legislation
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Presentment or indictment by grand jury required in prose cutions for infamous crimes
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Office and functions of the grand jury
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Preparing the defense 716
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tion
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SameWhen accused discharged
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SameMeaning of the phrases cases in law and suits at common law
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demands
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SameNot applicable to court of claims
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Fact tried by jury not reexamined otherwise than accord ing to the rules of the common law
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SameDoctrine stated by Justice Gray 31
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Eminent domain
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SameWhat is a taking
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SameMode of procedure in exercising the power
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Writ of habeas corpus
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CHAPTER VI
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fee on interstate telegraph lines to pay cost of police
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The purposes of this chapter
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Principles of the government as settled prior to the adoption of the late amendments
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SameDivided sovereigntyThe doctrine of Marshall Ta ney and Waite
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SameMunicipal sovereignty of the states defined
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SameSameStates power of taxation
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SameSameTaxation of property employed in interstate commerce
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SameSameTaxation of intangible property
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Same SameSame
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SameSameInheritance tax
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System of government not changed by the adoption of the late amendments
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The police power of the states preserved intact
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SamePower of the state to protect local commerce and local industries from unlawful restraints and monopolies
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Same SameDistinction between commerce and manufac ture
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The power of the states to maintain their own internal pol ity and judicial systems not taken away by the adoption of the fourteenth amendment
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SameSovereignty for protection of fundamental rights rests with the statesNot in the federal government
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SameSame SameIndividual invasion of the rights guar antied by the fourteenth amendment
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SameSame Same Protection of the elective franchise 208 SamePower of the states to maintain their own judicial procedure
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Same Modern methodJudicial inclusion and exclusion 211 SameSameSame Usual points of alleged conflict Frivolous contentions of litigants
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c CITIZENSHIPNATIONAL AND STATE 212 Citizenship defined
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THE VENUE OF SUITS IN THE CIRCUIT COURTS OF
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SameThe African raceDred Scott case
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Two sources of citizenship
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Naturalborn citizensNot defined by the constitution Resort had to the common law
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SameCommon law rule
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667
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The principle upon which foreign ministers are exempt
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PARTIES TO SUITS AT COMMON LAW IN THE CIRCUIT COURTS
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Principle upon which children born in hostile occupation
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The fourteenth amendment added nothing to the rights
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677
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SameProvisions of the articles of confederation
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Privileges and immunities of the citizens of the several states under the constitution
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SameDefined by Justice Field
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SameDefined by Justice Miller
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Same Equality of right in assets of insolvent debtor
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SameSameLiberty of contract
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679
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SameCorporations not citizens within the meaning of this constitutional provision
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SameCommon property of the stateFisheries
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SameMarital rights
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SameStatute of limitations not running in favor of party out of the state
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What are not privileges and immunities of citizens of the United StatesRight to vote
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SameState statutes prohibiting the carrying of danger ous weapons
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SameState judicial procedure
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SameSameJury in civil cases
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SameSameForm of action in civil cases
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796
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SameThe states control their own judicial procedure Law a progressive science
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SameFirst ten amendments no restraint on the states
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SameSame_Criminal prosecution upon information
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SameSame_Capital execution by electricity
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SameSameUnreasonable searches and seizuresEvi dence
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SameSameTrial without jury in civil cases
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SameSameContempt trial without a jury
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184
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SameSameSameFrontage ruleNorwood y Parker
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SameSameTaxing nonresident mortgagees interest in the mortgaged land
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SameSame Classification for taxation
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SameTaxing power vested in the legislature
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9 EQUAL PROTECTION OF THE LAWS 299 The states prohibited denying equal protection of the laws
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Same Rules stated by supreme court of Wisconsin
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SameState statutes making railroad companies absolutely responsible for damages by fire from their engines
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SameState statute making proof of fire by railroad
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SameSamePower of United States circuit courts to
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797
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Bills of credit defined
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The states prohibited from levying tonnage tax
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CHAPTER VII
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SameEjectment bill not aided by prayer for an account
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SameConstitutional distribution of judicial power to
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SameSameAverment of frivolous constitutional ques
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CHAPTER VIII
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951 Venue when the jurisdiction is founded on the diversity
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Suits between states to settle boundaries 336 411 Suits between states to settle boundaries
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Same SameJury summoned to try issues in chancery
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Same Jurisdiction of the court of claimsUnited States
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CHAPTER X
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189
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SameSameA writ of error is not the commencement
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Bills of exceptions defined
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Degree of certainty required in setting up the federal ques
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forms a part of record
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To give the supreme court jurisdiction the federal question must have been decided adversely to the plaintiff in er ror
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SameFinal judgment defined
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To what court of the state the writ of error should be
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SameThe writ should run to the court where the record remains
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The writ of error the foundation of the jurisdiction
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Form and requisites of the writ of error
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SameWhen clerk of state court refuses to make return
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Supersedeas upon writ of errorA statutory remedy
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Citation in errorBy what judges signed
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A petition for removal is a special appearance only 713
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Mode of serving citation in error
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Parties to writs of error
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The plaintiff in error must have a personal interest in the federal question
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The plaintiff in error must bring his case within the judi ciary act
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0 APPELLATE JURISDICTION OVER THE INFERIOR FEDERAL COURTS 459 Appellate jurisdiction of the supreme court over circuit and distric...
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SameNo pecuniary limit
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SameWrits of error on behalf of the United States in criminal cases where there has been no jeopardy or ver dict in favor of defendant
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Appellate jurisdiction of the supreme court over the court
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CHAPTER XVI
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Jurisdiction of the supreme court to issue the writ when
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SameSameConcurrent jurisdiction of state courts
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THE JURISDICTION OF THE SUPREME COURT TO ISSUE WRITS
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814
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Jurisdiction to issue the writ under the original judiciary
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SameSameSuit on bond of United States marshal 524
403
The question as to the limits of the judicial power in ad miralty and maritime jurisdiction is a judiciarl question
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SameJudicial tendency to enlarge the jurisdiction
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The general maritime law not in force in this country ex cept so far as adopted
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The power of congress to legislate upon the subject of mari time law
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Legislative adoption of rule of general maritime law
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The maritime code of the United States
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SameThe Harter act
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The law of the high seas
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SameContracts of affreightment made in foreign coun tries
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In the adjudication of prizes courts of admiralty are gov 4 16 erned by the laws of nations
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Seizure and condemnation of piratical vessels
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Rule defining the public navigable waters of the United States
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AMENDMENTS OF PLEADINGS AND PROCESS IN SUITS AT
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SamePortage and artificial improvements
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SameNavigable rivers flowing wholly within the terri torial limits of one state
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SameSameSame The Yazoo river in the state of Mis sissippi
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SameSameSameGrand river in the state of Michigan higan
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SameSameSameFox river in the state of Wisconsin
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SameThe admiralty jurisdiction not controlled by the power to regulate commerce
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SameWhat are navigable waters is a judicial question
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Rule defining navigable waters of the state
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336
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SameAct of Feb 26 1845Founded in judicial mistake
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SameSameSameObsolete legislation
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SameThe states may create maritime liens but cannot confer on their own courts admiralty jurisdiction to en force them 6
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Same Contracts not maritimeBuilding ship
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SameSameSameMortgage not made maritime con tract by the registry act
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Marine torts
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549b Same Difference between maritime lien and common law lien
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SameMaritime liens arise out of both contract and tort
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SamePriority of maritime liens
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SameSameMaritime lien for supplies takes precedence over prior mortgage
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Forms of actions or suits in admiralty
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6 THE EXCLUSIVE ORIGINAL JURISDICTION OF THE DISTRICT COURTS OF THE UNITED STATES IN ADMIRALTY AND MARITIME C...
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SameImmaterial that the tort is committed within the waters of a foreign country
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The ship and the owner not to be joined in the same libel
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Jurisdiction of suits by seamen for wages
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Towage contracts
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195
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SameLibel for salvage against the United States
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Jurisdiction of suits on policies of marine insurance
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Jurisdiction of suits on maritime hypothecation
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SameRespondentia bonds
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Jurisdiction of suits on affreightment contracts
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Stevedores
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Jurisdiction of suits for damages by collision 589 SameCollision infra corpus comitatus
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Jurisdiction of suits for damages to vessels caused by ob structions negligently left in navigable waters
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Jurisdiction of suits under the limited liability act
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Same Seizure necessary to vest jurisdiction
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Jurisdiction of prize jure belli
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SameInterventions
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CHAPTER XIV
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District courts are courts of common law equity and ad miralty
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District courts are government courts
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Statutes defining the jurisdiction of the district courts
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SameAdditional legislationRevised Statutes 609 Criminal jurisdiction of the district courts
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552
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Subject of parties controlled by the rules of the common
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523
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Jurisdiction of suits under the act to prevent unlawful
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THE BASIS OF PROCEDURE IN SUITS AT COMMON LAW IN
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524
Same Suit by assignee of chose in action 534
SamePurpose of the act
SameWhen one of several plaintiffs or defendants dies
SameSameSameFenn v Holme 609
SameJurisdiction of the land department 612
535
federal courts
Procedure for the removal of causes on the ground of prej
SameMust state a case upon which a court of common
Qualifications of jurors

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Σελίδα 150 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government. The completely internal commerce of a state, then, may be considered as reserved...
Σελίδα 192 - The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade or any other pretence whatever...
Σελίδα 236 - The fact that the right involved is of such a character that it cannot be denied without violating those " fundamental principles of liberty and justice which lie at the base of all our civil and political institutions
Σελίδα 484 - States from any foreign country any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever for the prevention of conception or for causing unlawful abortion...
Σελίδα 180 - It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation or State action, of the kind referred to. It does not authorize Congress to create a code of municipal law for the regulation of private rights...
Σελίδα 350 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Σελίδα 219 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Σελίδα 95 - But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before sadd commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.
Σελίδα 279 - The fourteenth amendment to the Constitution of the United States does not prohibit legislation which is limited either In the objects to which it is directed, or by the territory within which it Is to operate. It merely requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions, both In the privileges conferred and In the liabilities imposed.
Σελίδα 57 - After a statute has been settled by judicial construction, the construction becomes, so far as contract rights acquired under it are concerned, as much a part of the statute as the text itself, and a change of decision is to all intents and purposes the same in Its effect on contracts as an amendment of the law by means of a legislative enactment...

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