A Treatise on 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, Volume 2

Front Cover
Callaghan, 1920 - Civil procedure - 5026 pages
 

Contents

Amendment by pleading matters subsequent to the filing
1176
Proceedings upon an amended bill
1178
Amendment of answers and pleas
1179
215 Practice in obtaining leave to amend
1182
215a Amendments upon appeal or error
1184
CHAPTER XIII
1187
Effect of abatement
1194
218 When a suit may be revived
1196
218a Effect of revivor
1197
219 Who may revive a suit
1198
Manner of revivor at common law
1199
FORMS IN BANKRUPTCY
1200
Manner of revivor in equity In general
1202
Definition of bill of revivor and parties to the same
1204
223 Frame of bill of revivor
1205
Proceedings upon bills of revivor
1206
Bills in the nature of bills of revivor In general
1209
Frame of bills in the nature of bills of revivor and proceed ings upon them
1211
Bills of revivor and supplement
1214
Supplemental bills in the nature of bills of revivor
1215
231 Supplemental bills
1218
Parties and frame of a supplemental bill
1226
Proceedings upon supplemental bills
1228
Bills in the nature of supplemental bills In general
1231
235 Frame of a bill in the nature of a supplemental bill
1233
Proceedings upon bills in the nature of supplemental bills
1234
CHAPTER XIV
1236
Scandal
1240
Striking out scandal and impertinence
1242
CHAPTER XV
1245
244 Remedy for failure to give a bill of particulars
1251
Notice of motion
1257
253 Petitions in general
1265
Judges who may grant orders
1277
CHAPTER XVII
1283
Page
1284
258c Intervention by stockholders
1291
258g Intervention by persons interested in or with a lien upon
1297
Effect of State statutes upon intervention
1304
259b Opposition to intervention
1310
260 Rights of intervening complainants
1316
Injunctions to restrain corporations from violating their
1323
Injunctions to enforce the specific performance of covenants
1331
269a Injunctions against patent litigation
1338
Injunctions against criminal proceedings
1349
Injunctions to restrain the alienation of property
1356
275 Injunctions to restrain trespass
1364
276a Restriction upon such injunctions by the Clayton Act
1373
276c Injunctions to prevent obstructions to interstate commerce
1379
Injunctions to restrain the infringement of patents
1385
278 Injunctions to restrain the infringements of copyrights
1399
279 Injunctions to restrain the unlawful use of trademarks
1406
Injunctions to compel the performance or prevent the breach
1409
283d Injunctions to regulate coal mining or the operation of coal
1415
284a Injunctions against slanders and libels
1421
Distinction between common and special injunctions
1427
292 Notice of application for interlocutory injunction
1433
The writ of injunction
1442
The imposition of terms upon the issue denial dissolution
1452
Perpetual injunctions
1463
CHAPTER XIX
1479
APPENDIX
1483
302b Extension of receiverships
1489
FORMS IN CIVIL CASES AT COMMON LAW AND IN EQUITY
1493
Rules regulating the appointment of receivers
1499
305 Terms upon the appointment of receivers
1508
305a Preference in foreclosure suits and in the administration of receiverships
1509
305b Practice upon application for such preference
1532
306 Property over which receivers may be appointed
1535
Powers of receivers in general
1541
308 Powers of receivers of railroads
1547
309 Receivers certificates
1552
310 Advice to receivers
1561
310a Reorganization of corporations whose assets are held by re ceivers
1563
311 Litigation by receivers
1569
Duties of receivers
1579
313 Liability of a receiver
1584
314 Suits against receivers
1590
315 Manner of applying for the appointment of a receiver
1598
316 Who may apply for the appointment of a receiver
1602
317 Manner of the appointment of the receiver
1603
319 The receivers security
1607
320 Proof of claims against receivers
1609
321 Receivers accounts
1616
321a Selection and compensation of receivers counsel
1618
Compensation of receivers
1620
Removal of receivers
1624
324 Discharge of a receiver
1626
332a Proof of handwriting
1655
332b Proof of messages by telephone
1656
333b Evidence of books and papers in the Post Office Department
1664
333e Evidence of matters in the Patent Office
1673
3331 Evidence of official correspondence
1682
333m Evidence of State and Territorial statutes and public records
1688
333p Presumptions in suits under the antitrust laws
1694
333s Presumptions upon the assessment and collection of duties
1701
334 Definition and use of an affidavit
1709
339a Self incrimination
1723
339b Statutory immunity and its effect
1729
341 Subpoena duces tecum
1736
343 Compelling a witness to testify
1743
Testimony taken in equity which may be used in other courts
1746
Bills to take testimony de bene esse
1750
Discovery in equity
1754
Inspection in equity
1766
Inspection at common law
1768
350a Testimony taken in another suit
1770
Testimony taken before a cause is at issue
1771
Testimony taken within the jurisdiction of the court after a cause is at issue
1772
Testimony taken after a cause is at issue and beyond the jur isdiction of the court
1779
Depositions de bene esse under the acts of Congress
1780
354a Notice of taking deposition
1786
Form of deposition under acts of Congress
1791
Commissions issued under a dedimus potestatem
1795
Proceedings under a dedimus potestatum
1799
Letters rogatory
1803
Testimony taken in the manner prescribed by the State law
1807
CHAPTER XXII
1810
Dismissal of bills for want of prosecution or for failure to per fect or revive the suit
1815
Dismissal for want of jurisdiction
1817
Motions to dismiss because the complaint shows no cause of action
1824
Demurrers under the former practice
1827
366a Effect of conclusions of law upon motions to dismiss
1829
366b Effect upon a motion to dismiss of facts of which the court takes judicial notice
1831
Classification of demurrers
1832
368 Election and transfer to the law side of the court
1836
CHAPTER XXIII
1841
370 Judges who try cases at law and in equity
1843
Challenge of a judge for interest
1846
Manner of hearing a cause
1852
Objections which cannot be made at the hearing
1858
Equity Rules
1863
Matters concerning which an issue is directed
1865
CHAPTER XXV
1871
Proceedings before a master In general
1878
389a Accountings of profits in patent cases
1885
389c Deductions from profits in patent cases
1897
389f Appointment of liability between infringers
1910
389i Accounting of profits and assessment of damages in suits
1919
Masters report
1925
Judicial sales by masters and other officers
1931
394a Proceedings after a sale and before confirmation
1945
394d Setting aside sale after confirmation
1950
394f Collection of purchase money at a judicial sale
1957
Effect upon judicial sale of reversal of decree
1964
398 Decrees in personam
1971
Decrees nisi
1977
405 Motions at the foot of a decree
1989
408a Costs in criminal proceedings
1997
410 Costs in patent copyright and trademark cases
2003
Costs upon error and appeal
2010
Classification of costs
2018
Fees of clerk of Supreme Court
2028
INDEX
2031
417b Fees of clerk of Court of Customs Appeals
2034
Marshals fees
2042
418a Fees of United States commissioners
2049
Witness fees
2055
419b Bills for printing and lithographing
2061
Costs as between solicitor and client
2071
Appeal from taxation of costs
2078
CHAPTER XXVIII
2084
Contempts
2096
428a Contempt by publication
2105
428b Perjury as a contempt
2111
Courts in which contempt proceedings should be instituted
2117
430a Practice in criminal contempt proceedings
2123
430b Contempt proceedings under the Clayton Act to punish acts
2137
Writ of attachment against the person
2148
Review by writ of error of commitment for contempt
2154
Sequestration
2159
CHAPTER XXIX
2166
Supplemental bills in the nature of bills of review
2177
Provisions peculiar to bills of review for matters of fact
2184
450 Bills in the nature of bills of review
2194
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