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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

BY
ROGER FOSTER

OF THE NEW YORK BAR

AUTHOR OF COMMENTARIES ON THE CONSTITUTION OF THE UNITED STATES,
TREATISES ON THE FEDERAL JUDICIARY ACTS OF 1875 AND 1887. THE
FEDERAL INCOME TAX OF 1894, THE FEDERAL INCOME TAX OF 1913
AND 1914. LIBERTY OF CONTRACT, ATTACHMENT, REMOVAL OF
CAUSES. TRIAL BY NEWSPAPER, &c., FORMERLY LEC-

TURER ON FEDERAL JURISPRUDENCE AT THE

LAW SCHOOL OF YALE UNIVERSITY.

SIXTH EDITION .
REVISED AND ENLARGED
IN FOUR VOLUMES

VOL. III

CHICAGO
CALLAGHAN & COMPANY

COPYRIGHT, 1890

BY ROGER FOSTER

COPYRIGHT, 1892

BY ROGER FOSTER

COPYRIGHT, 1901

BY

ROGER FOSTER

COPYRIGHT, 1909

BY ROGER FOSTER

COPYRIGHT, 1913

BY

ROGER FOSTER

COPYRIGHT, 1920

BY ROGER FOSTER

294817

TABLE OF CONTENTS

....

es

...........................

Page

$ 453. Common-law practice. In general....

2201

$ 454. Common-law pleading. In general....

2209

$ 454a. Plaintiff's pleading at common law......

2210

$ 454b. Parties in actions at common law.............

2212

$ 454c. Joinder of causes of action at common law

2214

$454d. Pleading facts affecting the jurisdiction...

2215

$ 454e. Pleadings by defendant in action at common law

2217

8 454f. Demurrers at common law.......

2219

$ 454g. Pleading equitable defenses ..

2221

8 454h. Counterclaims and set-offs ..........

2227

§ 454i. Pleadings in negligence cases.......

2228

8 454j. Pleadings in actions under Federal Employers' Liability Act 2229

$ 454k. Pleadings in actions at common law under Interstate Com-

merce Acts .....

2230

$ 4541. Pleadings in actions at common law under anti-trust statutes 2231

$ 454m. Pleading in actions at common law upon patents.......... 2235

8 454n. Pleadings in actions at common law upon copyrights........ 2238

$ 4540. Pleadings in actions to recover penalties.

2240

$ 454p. Pleadings in actions at common law by the United States to

recover taxes.

2241

$ 455. Writs and process. In general.....

2242

8 455a. Service of process .......

2245

$ 455b. Amendment of writs and process.......

2247

$ 456. Writs of prohibition ....

2248

$ 457. The writ of mandamus. In general....

..... 2252

$ 457a. Jurisdiction of the Supreme Court to issue writs of mandamus 2259

$ 457b. Jurisdiction of the Circuit Courts of Appeals to issue writs

of mandamus ...........

2260

$ 457c. Jurisdiction of the District Courts to issue writs of mandamus 2261

8 457d. Mandamus under the interstate commerce laws............. 2266

$ 457e. Mandamus against the executive and administrative officers

of the United States. In general....................... 2268

$ 458. Jurisdiction of the Supreme Court of the District of Columbia

to issue a writ of mandamus to an officer of the United

States .......

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