Simplification of Judicial Procedure in Federal Courts: Hearing Before a Subcommittee...on S. 1011, 1012, 1546, 2610, and 2870, Feb. 20, 1922

Front Cover
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Common terms and phrases

Popular passages

Page 7 - No action or proceeding shall be open to objection, on the ground that a merely declaratory judgment or order is sought thereby, and the Court may make binding declarations of right whether any consequential relief is or could be claimed, or not.
Page 7 - All offenses which may be punished by death or imprisonment for a term exceeding one year shall be deemed felonies. All other offenses shall be deemed misdemeanors...
Page 27 - ... (2) Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party, whose rights have been adjudicated by the declaration, to show cause why further relief should not be granted forthwith.
Page 8 - That in all cases where an appeal may be taken as of right it shall be taken by serving upon the adverse party or his attorney of record, and by filing in the office of the clerk with whom the order appealed from is entered, a written notice to the effect that the appellant appeals from the judgment or order or from a specified part thereof. No petition of appeal or allowance of an appeal shall be required : Provided, however, That the review of judgments of State courts of last resort shall be petitioned...
Page 40 - I do know that the United States in its judicial procedure is many decades behind every other civilized Government in the world, and I say that it is an immediate and an imperative call upon us to rectify that, because the speediness of justice, the inexpensiveness of justice, the ready access to justice, is the greater part of justice itself.
Page 36 - State systems then in actual operation, well known and understood and the propriety and expediency of adopting which they would well judge of and determine," would continue. Constant, unscientific legislation finally created a condition that caused the Supreme Court to declare that, "To conform to such statutes...
Page 21 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 39 - ... the absolute subordination of method to the object sought, they would do a great patriotic service, which, if they will not address themselves to it. must be undertaken by laymen and novices. The actual miscarriages of justice, because of nothing more than a mere slip in a phrase or a mere error in an immaterial form, are nothing less than shocking. Their number is incalculable, but much more incalculable than their number is the damage they do to the reputation of the profession and to the majesty...
Page 39 - ... process of all kinds; of taking and obtaining evidence; drawing up, entering, and enrolling orders; and generally to regulate and prescribe by rule...

Bibliographic information