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Forms of Federal
Procedure

Compiled, Arranged and Annotated

By

FRANK O. LOVELAND

(Clerk United States Circuit Court of Appeals for the Sixth Circuit;
Author of Loveland on Bankruptcy and Loveland on
Appellate Jurisdiction of the Federal Courts)

Third Edition, Revised and Enlarged

By

GEORGE W. RIGHTMIRE

(Of the Columbus, Ohio, Bar, and Professor of Law in the
College of Law of the Ohio State University; Author of
Rightmire's Cases on the Jurisdiction and
Procedure of the Federal Courts)

THREE VOLUMES

VOLUME I

CINCINNATI

THE W. H. ANDERSON COMPANY

1920

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PREFACE

Since the second edition of this work there have been many changes in the Federal Statutory Law relating both to the Substantive Law and to the Law of Procedure; the Substantive Law calls for pleadings on new subjects, and the Law of Procedure calls for new pleadings on subjects which are old. Enough time has passed since these important changes were made for the accumulation of a body of precedents, and the practice has in most respects become stabilized.

The changes referred to include the Federal Safety Appliance Act, the Employer's Liability Law, the Hours of Service Act, the Chinese Exclusion Act, the Deportation Act, the Copyright Act, the Trade-mark Act, the Clayton Act, the Federal Trade Commission Act, extensive changes in the Interstate Commerce Act, the LaFollette Act (Seamen's Act), and criminal acts such as the Harrison Anti-Narcotic Act, the Mann White Slave Act, National Prohibition Act, and others, all of which are accounted for in the forms.

Other changes referred to are embodied in the Judicial Code, the New Federal Equity Rules with their far-reaching influence, the Penal Code, the procedure in certain kinds of injunction proceedings, the abolishing of the Circuit Court and the creation of the Court of Customs Appeals, the enlarging of the jurisdiction of the Federal Supreme Court and others of importance, all of which were not in effect when the former editions were published.

Forms of Appellate Procedure, including jurisdictional questions, certiorari to remove a case from the Circuit Court of Appeals to the Supreme Court, etc., have been made with exacting care.

Copious new forms are included also, dealing with the parties in case of diversity of citizenship and forms for alleging the "Federal Question" and the "Jurisdictional Amount," and many

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new forms have been introduced among the older matter where a greater variety was possible. Almost all of the forms are taken from adjudicated cases.

The annotations which follow the forms will be of great help to the busy lawyer by giving him the essentials of the decisions and indicating where he can find the law fully discussed.

Hearty acknowledgment is made of valuable and cordial assistance rendered by the clerks of all the Circuit Courts of Appeals, and by the Clerk of the United States Supreme Court, and the Judge and the Clerk of the United States District Court in the Eastern Division of the Southern District of Ohio.

GEORGE W. RIGHTMIRE.

March, 1920.

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