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, Volume 1

Chrisenberry Lee Bates

T.H. Flood, 1908 - Circuit courts - 1071 pages

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Table of Contents

Index

SameConstituent elements of the jurisdiction	li

right to vote for member of congress	liv

Crossexamination of witnesses confined to matters of	lvi

Writs of inquiry	lxiv

752	lxv

Two modes for the trial of issues of fact	lxviii

SameSuit to enjoin collection of taxes in state of Loui	lxxvi

Motion in arrest of judgment	lxxvii

SameSamePower of United States circuit courts to de clare such statutes void	285

Contract defined	286

Same Charters of private corporations	287

Removal of suits between citizens of different states	288

SameSameRule for construing legislative grants	289

Marriage not within the prohibition	291

Obligation of contract defined	292

SameAxioms in American jurisprudence	293

SameSameSameIllustration	lxxix

SameIt is a matter of right to make a motion for a	lxxxiv

570	lxxxv

land office	lxxxviii

SameTreaty provisions removing disability of alien to take	cxxii

THE CONSTITUTIONAL BASIS OF PROCEDURE IN THE COURTS OF THE UNITED STATES 1 Three branches of the law 1 122	1

No definite line between procedure and substantive law 3 Same IllustrationRemedy on contract 4 SameIllustrationProcedure for protection of life and...	2

SameJudicial murders in England	3

Struggle in England for just procedure	4

Federal procedure established by constitutional provision	5

Same	6

Same Further necessity for the examination of the con stitution in the study of federal procedure	7

SameA general view of the government requisite	8

CHAPTER II	9

By revolution the thirteen colonies became sovereign states	10

Two governments in each stateRelations between them Each supreme in its sphere	11

Sovereignty of the state restricted by the federal constitu tion 12 233	12

Two judicial systems in each state	13

The government of the United States is national in its char	14

Constitutional provisions correlated to the commerce clause	20

To what circuit court the removal of the cause is to be made 571	23

Sovereignty of the states over their navigable waters	26

Remanding causes to the state courts 587	30

Admiralty jurisdiction of the United States over the public	32

SameNone but nonresident defendants can remove	33

Distinction between the power to enact inspection laws	36

federal jurisdiction	40

THE DEFENSES OF DEFENDANT IN A SUIT AT COMMON	43

CHAPTER III	45

Same Citizenship of national banks for purposes of juris	48

When federal courts will not conform to state procedure	50

All defendants required to join in application for removal	52

Independent and coordinate jurisdiction of the federal	53

When United States supreme court follows state decisions	54

Same Same Suit brought by state on relation of a party	56

General commercial law	60

CHAPTER XXXI	65

Great and important limitations imposed by the constitution	67

When congress has legislated upon a matter of procedure 657	69

SameStatutory definitionPunishment of treason	72

Only the strictly local laws of the state are binding on	74

Jury carrying with them written evidence upon retiring from	77

SameRestraint upon pardoning power of the president	80

CHAPTER XXIII	83

Same Controlling force of the federal constitution	86

Same Meaning of the words any criminal case	92

SameTest of admissibility of confessions	98

Office and functions of the grand jury	102

Suits arising under the constitutionNot susceptible	106

Introduction of evidence Order of proof	111

Same Proceedings supplementary to execution 664	115

SameWhen accused discharged	126

SameMeaning of the phrases cases in law and suits at common law	127

SameNot to be defeated by blending legal and equitable demands	128

SameNot applicable to court of claims	129

Fact tried by jury not reexamined otherwise than accord ing to the rules of the common law	130

SameDoctrine stated by Justice Gray	131

Eminent domain	132

SameWhat is a taking	133

SameMode of procedure in exercising the power	134

Writ of habeas corpus	135

CHAPTER VI	137

SameSameCriminal trial by a jury of less than twelve	140

The purposes of this chapter	143

Principles of the government as settled prior to the adoption of the late amendments	144

Removal of suits arising under the constitution or laws	145

SameDivided sovereigntyThe doctrine of Marshall Ta ney and Waite	146

SameMunicipal sovereignty of the states defined	148

Same Same States power of taxation	150

Same SameTaxation of property employed in interstate commerce	151

SameSameTaxation of intangible property	152

Same Same Same	153

SameSameInheritance tax	155

System of government not changed by the adoption of the late amendments	156

101	157

SameState police regulations incidentally affecting inter	160

SameWhen there are more plaintiffs or defendants than	162

SameHealth regulations	171

Same State laws impairing the obligation of contracts 509	173

Same Sovereignty for protection of fundamental rights	178

Same Same SameProtection of the elective franchise	186

SameCertain persons disqualified to serve in suits aris	189

SameThe African raceDred Scott case	192

SameCommon law rule	196

The judicial power of the United States embraces three	202

SameSameThe doctrine of Chief Justice Marshall	204

Complex nature of those rights denominated Privileges	215

SameProvisions of the articles of confederation	219

Privileges and immunities of the citizens of the several states under the constitution	220

SameDefined by Justice Field	221

SameDefined by Justice Miller	222

SameEquality of right in assets of insolvent debtor	223

SameSameLiberty of contract	224

SameCorporations not citizens within the meaning of this constitutional provision	226

Same Common property of the stateFisheries	227

SameMarital rights	228

SameStatute of limitations not running in favor of party out of the state	229

What are not privileges and immunities of citizens of the United StatesRight to vote	231

Same State statutes prohibiting the carrying of danger ous weapons	232

Same State judicial procedure	233

Same SameJury in civil cases	234

SameSameForm of action in civil cases	235

Same The states control their own judicial procedure Law a progressive science	237

Same First ten amendments no restraint on the states	239

Same Same Criminal prosecution upon information	240

Same SameTrial without jury in civil cases	243

Mileage and per diem of jurors	246

Same State law requiring transfer facilities at railroad	249

General rule	255

The prohibition does not extend to property tax on vessels	257

Same Suit in equity to enjoin unconstitutional sale	259

SameTaxing power vested in the legislature	261

SameState statute making proof of fire by railroad	266

Same SameMethod of assessment	272

Same Suit in equity to protect land grant to railroad com	273

Civil rightsExclusion of negroes from grand and petit	278

Same The only inhibited abridgement is one based	284

SameRule stated by Mr Justice Bradley	294

Judgment for tort not a contract	295

Increasing exemption from execution sale	296

SameSameChange of state decision	297

j NO STATE TO EMIT BILLS OF CREDIT 349 Bills of credit defined	298

1 NO IMPOSTS OR DUTIES TO BE LAID BY THE STATES ON IMPORTS OR EXPORTS EXCEPT FOR EXECUTING INSPECTION Laws 352 T...	299

Right of the importer to sell in the original packages with out taxation by the state	300

SameWhat is the original package	301

Effect of a sale of imported articles	302

Duty on exports defined	303

Same State statutes making railroad companies absolutely	304

SameApplies to common carriers by railwaySuits to	307

Tonnage tax cannot be levied to defray cost of executing	308

Legal defenses to purely legal demands cannot be availed	309

Appelate jurisdiction of the supreme court over the cir	311

SameNo judiciary under the confederacy	314

SameWhen diversity of citizenship must exist	316

SameCreation of the United States circuit courts of	321

Suits at law arising under the federal constitution	325

SameSameAverment of frivolous constitutional ques	328

CHAPTER VIII	330

Same SameJury summoned to try issues in chancery	335

SameJurisdiction of the court of claimsUnited States	336

Neither petition for writ of error nor assignment of errors	341

Appellate jurisdiction of the supreme court over the court	342

Same Power of congress to regulate the exercise of the	343

SameExecutions to run in all districts of a state	344

No reexamination of facts upon writ of error from	349

Degree of certainty required in setting up the federal ques	355

forms a part of record	357

To give the supreme court jurisdiction the federal question must have been decided adversely to the plaintiff in er ror	358

Writ of error lies to review final judgments only	360

SameFinal judgment defined	361

To what court of the state the writ of error should be	362

Same The writ should run to the court where the record remains	363

The writ of error the foundation of the jurisdiction	364

Form and requisites of the writ of error	365

SameWhen clerk of state court refuses to make return	366

Supersedeas upon writ of errorA statutory remedy	368

Citation in errorBy what judges signed	369

Mode of serving citation in error	371

Parties to writs of error	372

The plaintiff in error must have a personal interest in the federal question	373

The plaintiff in error must bring his case within the judi ciary act	374

b APPELLATE JURISDICTION OVER THE INFERIOR FEDERAL COURTS 459 Appellate jurisdiction of the supreme court over circuit and distric...	375

SameNo pecuniary limit	376

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	377

SameTime and manner of taking	378

Time within which writ of error must be sued out 813	380

Jurisdiction of the supreme court to issue the writ when	384

SameJoinder under code procedure 696	386

Same SameConcurrent jurisdiction of state courts	391

SameSubstituted service upon nonresident defendants 707	392

CHAPTER XVIII	394

The writ of mandamus defined by the common law	397

Appearance at common law 709	401

CHAPTER XIII	403

533	404

The question as to the limits of the judicial power in	407

General appearance definedIts effect 710	408

SameChallenges are of two kinds	409

SameThe Harter act	413

Suit must be brought in the state of which the defendant	415

Jurisdiction founded on claim to lands under grant of differ	419

SamePortage and artificial improvements	420

Same Two corporations claiming same land under differ	424

SameWhat are navigable waters is a judicial question	426

Special appearance defined 712	428

SameAct of Feb 26 1845Founded in judicial mistake	429

549b SameDifference between maritime lien and common	435

negligence	436

The subject of parties controlled by state legislationGen	437

SameImmaterial that the tort is committed within	441

570	445

General average contribution	447

Jurisdiction of suits on policies of marine insurance	448

Jurisdiction of suits on maritime hypothecation	449

SameRespondentia bonds	450

Jurisdiction of suits on affreightment contracts	451

Stevedores	452

Jurisdiction of suits for damages by collision	453

Jurisdiction of suits for damages to vessels caused by ob structions negligently left in navigable waters	454

Jurisdiction of suits for assault and battery	455

Jurisdiction of suits under the limited liability act	456

SameSeizure necessary to vest jurisdiction	457

Jurisdiction of prize jure belli	458

SameInterventions	459

CHAPTER XIV	460

District courts are courts of common law equity and ad miralty	461

District courts are government courts	462

Statutes defining the jurisdiction of the district courts	463

SameAdditional legislationRevised Statutes	464

Suits for penalties and forfeitures	465

SameExclusive jurisdiction of the district courts as to penalties incurred under the custom laws	466

SameSuits by receivers of national banks	467

SameSameJurisdiction to order receivers to sell or com pound debts and sell real and personal property	468

Suits for penalties and damages for frauds against the United States	469

Jurisdiction of seizures on land and waters not navigable	470

Suits by assignees of debentures	471

Suits to redress deprivation of rights secured by constitu tion and laws of the United States	472

Suits brought by aliens for torts in violation of the laws of nations or treaties	473

Suits against consuls and viceconsuls	474

Suits against the government under the Tucker Act	475

SameSetoffs and counterclaims	476

SameFour classes of cases contemplated by the Tucker Act	477

SameSuit for salvage when the government is benefited by the salvage service	478

SameA proceeding to condemn private property for public use is a suit at common law	479

Day set for hearingPleadings	486

581	486-2

Summary of the commonlaw jurisdiction of the circuit	486-5

SameSameSameFenn v Holme 609	486-9

SameJurisdiction of the land department 612	486-15

general answer	486-16

774	486-17

SameObiter dictum of Mr Justice Bradley	486-20

Suits at common law defined 638	486-24

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Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law ...
C. L. Bates
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Common terms and phrases

16 Wall 21 Wall admiralty adopted appellate jurisdiction authority Bank bills of attainder circuit courts citizenship civil clause common law congress constitutional provision contract corporation County Cranch crime criminal decision declared due process duty enacted enforce equal protection eral erty Ex parte Bain execution exercise federal constitution federal courts federal government federal question fifteenth amendment foreign fourteenth amendment grant habeas corpus Happersett highest court Hunter's Lessees immunities of citizens impair imposed indictment judgment judicial power jurisdic jury land legislation legislature liberty limits maritime Maryland ment navigable offense Orleans party persons plaintiff in error police power principles privileges and immunities procedure proceedings process of law prohibition purpose regulation rule secured sovereign sovereignty statute suits taxation territory Texas tion treaties trial U. S. Const U. S. Rev U. S. Stat Union United validity vested Wheat Wong Kim Ark writ of error

Popular passages

Page 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...‎

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Page 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...‎

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Page 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...‎

Appears in 131 books from 1870-1999

Bibliographic information

Title	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 ..., Volume 1 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, Chrisenberry Lee Bates
Author	Chrisenberry Lee Bates
Publisher	T.H. Flood, 1908
Length	1071 pages

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