A Treatise on Federal Practice, Civil and Criminal: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Suits Upon Claims Against the United States, Proceedings Before the Interstate Commerce Commission and the Federal Trade Commission, Equity Pleading and Practice, Receivers and Injunctions in the State Courts, Τόμος 1

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Callaghan, 1920 - 5026 σελίδες

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Περιεχόμενα

Value of the matter in dispute in action for damages
42
Value of the matter in dispute in suits of foreclosure
48
Effect of a defense apparent in the plaintiffs pleading upon
50
274a Injunctions to enforce prohibition of use of intoxicating
52
Value of the matter in dispute upon taxpayers bills
55
Effect of the custody of property by the State court where
59
17a Value of the matter in dispute in suits on behalf of a class
63
Consideration of costs in estimating the value of the matter
69
Injunctions authorized by statute 1413
75
Suits arising under the Constitution or laws of the United
82
Suits arising under treaties of the United States
97
Trademark cases
107
Suits on judicial and official bonds
118
Suits arising out of litigation in the Federal courts
124
Definition of the writ of ne exeat republica and when it will
125
283d Injunctions to regulate coal mining or the operation of coal
140
Formal parties to the
150
Controversies to which aliens are parties
157
Corporations
171
Unincorporated stock companies and associations
177
Property in the custody of another court of coordinate juris
189
Property covered by insolvent assignments
198
Property in the custody of receivers
206
Amendment by pleading matters subsequent to the filing
212
Effect of jurisdiction of another court over same cause of action
215
RECEIVERS
221
Property in the custody of another Federal court of Equity
223
61a Residence in suits by the United States
242
Residence in patent cases
249
Suits by assignees
256
283e Injunctions to protect political rights 1416
258
Definition classification and objects of injunctions 1321
264
Territorial jurisdiction of the District Courts of the United
267
Terms of the District Courts of the United States In general
274
Notice of application for interlocutory injunction 1433
294
66a Jurisdiction over ceded territory
338
Jurisdiction of the Supreme Court of the District of Columbia
345
70a Jurisdiction of District Court of the Canal Zone
351
Definition of receiver 1479
356
73 Jurisdiction of the United States Court for China
363
MOTIONS TO MAKE PLEADINGS MORE DEFINITE AND CERTAIN
384
Jurisdiction and practice of the Commerce Court
385
Jurisdiction of the Court of Customs Appeals
393
Injunctions to stay proceedings in other courts In general 1334
433
77b Practice and rules of the Interstate Commerce Commission
466
Page
482
tions 1438
491
77c Evidence and depositions before the Interstate Commerce Com
493
Admissions 1647
495
Enforcement of orders of Interstate Commerce Commission
502
77e Jurisdiction of the Railroad Boards of Labor Adjustment
508
77g Jurisdiction of the United States Board of Mediation and Con
517
77h Jurisdiction and practice of Federal Trade Commission
524
Page
541
CHAPTER II
542
Supplemental bills in the nature of bills of review 2177
550
79a Who seeks equity must do equity
556
333q Presumptions under the prohibition law 1695
559
EQUITY RULES
560
81a Equitable jurisdiction to enforce rights created by statutes
565
389c Deductions from profits in patent cases 1897
570
State statutes cannot impair the jurisdiction nor regulate
574
302c Receivers of National Banking Association 1491
575
CHAPTER III
580
Suits on behalf of idiots lunatics and persons of weak mind
587
The United States as a defendant In general
593
f96a Suits against the United States for torts and upon implied
600
96d Suits against the United States for money had and received
606
333s Presumptions upon the assessment and collection of duties
607
96h Suits against Collectors of the Ports to recover duties paid
615
96j Suits against telegraph and telephone companies when under
629
Suits against the United States for partition
636
g 100a Injunctions against collection of Federal taxes
645
100c Injunctions against the United States Shipping Board
651
Liability of States to suits by private persons
657
305b Practice upon application for such preference 1532
662
310a Reorganization of corporations whose assets are held by re ceivers 1563
663
105c Injunctions against State officers
664
the bill 1176
671
Suits against infants
673
ABATEMENT REVIVOR AND SUPPLEMENT AT LAW AND
677
Parties with no interest in the subject matter of the suit
679
Persons who on account of their interest need not be made parties to a suit in equity
683
action 1824
686
Cases where the law has furnished a representative
691
A state of facts and claim 1921
731
When numerous interests have been created for the purpose of preventing the plaintiff from obtaining equitable relief
734
When a person consents to the relief sought
735
When the interest of an absent person is evidently very small
736
Relaxation of rule as to parties in special cases
737
Objections for want of parties
739
Objections for joinder of improper parties
742
CHAPTER V
744
Definition and classification of bills
750
When a suit may be revived 1196
751
Frame of a bill in equity
752
333u Presumptions upon distress sales 1704
754
Address and caption
755
The narrative part of a bill
762
Certainty
766
Inconsistency and bills with a double aspect
775
Multifariousness or misjoinder In general
780
Multifariousness by misjoinder of plaintiffs
782
Multifariousness by misjoinder of defendants
788
Litigation by receivers 1569
789
Multifariousness without misjoinder of parties
798
Costs at common law 1992
799
Objections for multifariousness or misjoinder
801
General rules of equity pleading
804
Stockholders bills
809
312 Duties of receivers 1579
813
Bills to enjoin the infringement of patents
830
Bills to compel the issue of patents and bills to obtain relief against interfering patents
848
Bills to restrain infringements of trademarks and unfair
852
Bills to obtain relief against interfering trademarks
860
Injunctions to restrain the alienation of property 1356
863
Bills in equity under the Interstate Commerce Law
870
408a Costs in criminal proceedings 1997
883
151b Suits and proceedings to cancel certificates of citizenship
885
Enforcement of decrees and orders In general 2084
890
151d Bills for accountings 394
894
151f Bills to set aside clouds on title
903
The prayer for relief
913
Costs in equity 1998
916
Affidavits to bills
919
Bills in the nature of interpleader
926
Motions of course 1255
929
When a subpoena is necessary
933
Costs in patent copyright and trademark cases 2003
935
164c Service upon foreign corporations
939
Special motions without notice 1256
940
Substituted service of a subpoena
948
Contempts 2096
953
166a Cases in which statutory service can be made
954
Suits against receivers 1590
956
BANKRUPTCY
957
Costs upon error and appeal 2010
965
Exemptions from service of subpoena or other process legal
966
428b Perjury as a contempt 2111
969
167b Objections to the service of process
973
APPEARANCE
976
Definition and use of an affidavit 1709
979
Effect of an appearance
982
Admissions by a motion to dismiss 1827
984
1
987
Practice in taking a bill pro confesso
990
CHAPTER IX
996
Competency of witnesses in civil cases 1714
1001
Pleading defenses in answer
1003
The pendency of another suit
1009
Defenses of statutes In general
1015
180f Statute of limitations to claims against the United States
1022
333i Evidence of official correspondence 1682
1023
Statute of limitations to suits to recover usury
1029
Writ of attachment against the person 2148
1039
Limitations in the act to prevent trading with the enemy
1040
181a Suspension of statute of limitations
1052
185b Defense of election of remedies
1061
186c Res adjudicata by decision of Court of Probate
1068
Testimony taken after a cause is at issue and beyond the jur
1069
186k Res adjudicata by order in special proceedings
1074
416b Attorneys fees under copyright law 2021
1077
186n Effect as res ad judicata of decisions upon criminal prosecu
1080
Res adjudicata in patent and trade mark cases
1088
186s Res ad judicata against privies
1094
Res ad judicata in suits on behalf of a class
1101
Proceedings to compel answer
1116
Frame of answer
1117
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Σελίδα 876 - That the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof,...
Σελίδα 879 - SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this Act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.
Σελίδα 535 - It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.
Σελίδα 875 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Σελίδα 410 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Σελίδα 412 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Σελίδα 530 - To require, by general or special orders, corporations engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, or any class of them, or any of them respectively, to file with the commission in such form as the commission may prescribe annual or special, or both annual and special, reports or answers in writing...
Σελίδα 111 - That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act...
Σελίδα 880 - General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any 'time make such temporary restraining...
Σελίδα 27 - Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it...

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