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

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Bills to suspend or avoid the operation of decrees and judg
cxxvi
808
cxxxiv
811
cxlvi
814
clii
GENERAL ORDERS IN BANKRUPTCY
clxxvi
Judgments
clxxvii
312
clxxxiii
References by Court of Claims 1046
clxxxiv
CHAPTER I
1
323
3
Bond to marshal 1512
11
State laws creating new rights are enforced by Federal courts
15
326
19
Adjudication that debtor is not bankrupt 1513
22
Property in the custody of anotber Federal court
26
Illustrations of cases where the Federal courts have refused
32
Federal courts which have jurisdiction in equity
39
Organization of the Court of Private Land Claims 1060
40
Parties 1065
42
Appointment oath and report of appraiser 1514
49
Value of the matter in dispute
51
Suits arising under the Constitution or laws of the United
57
Jurisdiction in bankruptcy of the Circuit Courts 1151
62
Controversy between citizens of different States
63
Under grants of different States
70
Pleading and practice 1067
75
Limitations upon jurisdiction by residence
77
Petition and order for sale by auction of real estate 1526
84
Jurisdiction of the District Courts of the United States
86
826
88
0 un on Con eso 328
89
REMOVAL OF CAUSES
95
880
112
Sources of Federal equity practice
120
The United States as a defendant
129
Liability of States to suits by private persons
139
Suits against idiots lunatics and persons of weak mind
146
334
149
Cases where the law has furnished a representative
155
Oath of final account of trustee 1529
157
Suits by a complainant on behalf of himself and others sim
161
Omission of defendants not within the jurisdiction of the court
167
Definition and origin of crossbills
169
Parties indispensable to a decree
177
When a person consents to the relief sought
180
Objection for joinder of improper parties
187
The address and introduction
193
Certainty
201
72 Multifariousness by misjoinder of plaintiffs
209
Multifariousness without misjoinder of parties
215
79 The common confederacy clause
230
ur coop coco escoco lucu c
231
Waivers and offers
237
Bills of interpleader
243
Issue of the subpoena
252
CHAPTER VL
269
When a bill may be taken pro confesso
275
CHAPTER VIIL
281
Demurrers to the discovery
290
117 Prayer of judgment
296
CHAPTER IX
303
Pleas of pendency of another suit
311
Pleas of want of parties
312
Pleas of statutes
313
Pleas of matter of record
317
Pleas of matter in pais
323
Pleas to the discovery 135 When a plea must be filed
324
Frame of a plea
325
Answers with pleas
327
Proceedings of the plaintiff when a plea is filed
328
Motion to take a plea off the file
330
Argument of a plea
333
Motion for a reference of a plea
334
Hearing upon pleas
335
General remarks upon pleas
336
CHAPTER X
337
Defenses peculiar to patent cases
339
Admissions and denials independent of discovery
341
Impertinence and scandal
342
Discovery
345
Proceedings to compel answer
348
Frame of answer
349
Signature and oath to answer
350
152 Motions to take answers off the file
351
Exceptions for insufficiency
353
Supplemental answers
355
Disclaimers 837 338 841
356
CHAPTER XI
358
When a replication should be filed
359
Effect of a replication
360
Frame of a replication
361
CHAPTER XIL AMENDMENTS 160 Amendments in general
363
When bills can be amended
365
Form and effect of amendment of a bill
366
366a Suspension of writ of habeas corpus
367
What amendments to bills may be made
369
Amendment by pleading matters subsequent to the filing of the bill
370
Proceedings upon an amended bill
371
Amendments of demurrers pleas and replications
372
Amendment of answers
373
168 Practice in obtaining leave to amend
375
807
382
Practice on removal of suits against revenue officers and offi
388
363
390
CHAPTER XIV
391
Security for libelants costs
395
Definition of bills of revivor and parties to the same
398
Return of process and defaults
401
Frame of bills in the nature of bills of revivor and proceedings
405
Petition to bring in additional parties under Rule 59
408
410 Exceptions Amendments
410
Parties and frame of a supplemental bill
411
Final decree
416
Frame of a bill in the nature of a supplemental bill
418
Priorities
422
197 Notice of motion
424
Assignment of errors
428
Petitions for leave to sue in forma pauperis at common
431
Limitation of liability Petition
434
Practice upon interventions
440
Form of petitions and practice upon them
446
Preparation for appeals 1077
449
Definition classification and objects of injunctions
452
Injunctions to restrain corporations from violating their char ters
453
Injunctions to enforce the specific performance of covenants and other contracts affecting land
455
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
366
462
Injunctions to restrain the alienation of property
463
Injunctions to prevent waste
464
Injunctions to prevent the continuance of a nuisance
465
Injunctions to restrain trespass 4897
467
Distinction between provisional and perpetual injunctions
488
Distinction between common and special injunctions
489
Injunctions not prayed for in the bill cero
490
Special practice of the Federal courts in the issue of injunc tions
491
431
492
Notice of application for interlocutory injunction
495
232 Affidavits upon an application for an injunction
496
Writs of error and appeals in general 1160
497
370
498
m
500
Dissolution and modification of interlocutory injunctions
502
Writs of error from and appeals to the Circuit Courts 1196
503
434
505
The imposition of terms upon the issue denial dissolution or continuance of an injunction
506
in 237 Perpetual injunctions un
509
Appeals from injunction orders
511
CHAPTER XVII
513
Definition of receiver
514
Acts of bankruptcy 1090
515
371
518
Rules regulating the appointment of receivers
520
Ancillary receivers
521
foreclosure suits
524
307
530
372
536
Powers of receivers in general
538
Powers of receivers of railroads
541
Notice to appraisers 1357
544
446
546
Receivers certificates
548
Advice to receivers
549
Litigation by receivers
550
Duties of receivers
556
373
557
Liability of a receiver
558
Petition for meeting to consider composition 1533
560
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 776
576
CHAPTER XVIII
579
Against whom the writ will issue 580
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
375
597
Definition and use of an affidavit
608
Manner of verifying an affidavit
609
Form of an affidavit
610
Execution of an affidavit
611
Subpoenas ad testificandum
617
Compelling a witness to testify
621
Testimony taken in equity which may be used in other courts 279 Bills to perpetuate testimony
622
Bills to take testimony de bene esse
625
Testimony taken before a cause is at issue 828
628
cause is at issue
629
Testimony taken after a cause is at issue and beyond the juris diction of the court
634
Form of deposition under acts of Congress
641
288 Commission issued under a dedimus potestatem
644
447
645
Proceedings under a dedimus potestatem
647
Letters rogatory
650
DISMISSING BILLS OTHERWISE THAN AT A HEARING 291 Dismissal of bills by the plaintiff 635
655
Dismissal of bills for want of prosecution
657
Dismissal for want of jurisdiction
658
Dismissal for failure to perfect or revive a suit
661
450
664
Manner of hearing a cause
665
Rules of decision upon a hearing
666
Objections which cannot be made at the hearing
668
Action of the court upon a hearing
670
309
671
CHAPTER XXIL ISSUES AT LAW 301 Power of courts to direct issues at law
672
Matters concerning which an issue is directed
673
Time when an issue is directed
674
Manner of trying an issue
675
Effect of the finding of a jury upon an issue
676
Proceedings after the trial of an issue
678
CHAPTER XXIII
679
Who may be appointed master
680
Bringing on a reference
681
Parties entitled to attend a reference before a master
682
Proceedings before a master in general
683
A state of facts
685
Evidence before a master
686
Masters reports and compensation
687
Exceptions to masters report3
689
Sales by masters
692
CHAPTER XXIV
702
Decisions on writs of error and appeals
703
Decrees in personam 1704
704
Decrees in rem
706
Decrees nisi
707
Decrees in the nature of decrees
711
325 Frame of decree
712
325a Motions at the foot of a decree
716
Enrollment of decree
717
CHAPTER XXV
718
Oath of appraisers 1358
722
ഗ 328 Classification of costs
724
329 Costs as between party and party
725
Clerks fees ഗ
729
INDEX 1535
732
Second writ of error or appeal
735
Petitions in bankruptcy 1094
736
Marshals fees
738
Monition 1373
743
ഗ ഗ 333 Witnesses fees
748
Miscellaneous disbursements
749
Process and notices to creditors 1098
750
Costs out of the fund
751
Costs as between solicitor and client
753
Taxation of costs
754
Security for costs
756
CHAPTER XXVI
757
Evidence 1111
758
Contempts
760
Notice of application for attachment
765
Hearing upon applications for attachments
766
Order of commitment
768
Writ of attachment
769
Sequestration
772
Writ of assistance
773
Action by court itself
774
349a Bills to carry decrees into execution
775
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Σελίδα 129 - 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...
Σελίδα 339 - Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth.
Σελίδα 44 - 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...
Σελίδα 45 - 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...
Σελίδα 616 - 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.
Σελίδα 220 - 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...
Σελίδα 581 - 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...
Σελίδα 470 - 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...
Σελίδα 616 - 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...
Σελίδα 561 - 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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