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

Front Cover
Callaghan, 1901 - Courts
 

Contents

355
lxxx
1201
lxxxii
453
lxxxviii
504
xciii
455
xcv
506
c
357
cxv
508
cxxiii
359 Bills to suspend or avoid the operation of decrees and judg
cxxvi
Writs and process in general
cxxxiv
509
cxl
458
cxlii
Writs of prohibition
cxlvi
512
cli
Former method of settlement and decisions as to validity
clxii
1265
clxviii
462
clxix
TABLE OF STATUTES
clxxvi
468
clxxviii
TABLE OF EQUITY RULES
clxxxiii
475
clxxxv
General survey of the jurisdiction of courts of equity
3
Removal of causes from one Federal court to another 908
7
Mandamus
9
409 Tender 978
11
State statutes of limitation
15
476
22
Property in the custody of another Federal court
25
Illustrations of cases where the Federal courts have refused
32
CHAPTER XVL INJUNCTIONS
40
Original jurisdiction of the Supreme Court
41
Value of the matter in dispute
49
When a person consents to the relief sought
55
384 Separable controversies 920
56
Under grants of different States
70
Limitations upon jurisdiction by residence
77
25
84
Page
98
CHAPTER II
122
The United States as a defendant
129
37 Liability of States to suits by private persons
135
Liability of a State to a suit by another State
143
Parties with no interest in the subjectmatter of the suit
149
477
153
46
160
478
162
50
167
Parties indispensable to a decree
177
When the plaintiff waives his right against a person
181
Objection for joinder of improper parties
187
Scandal and impertinence
197
Multifariousness in general
205
364 Practice on application for mandamus
209
76
219
General rules of equity pleading
227
Interrogatories 980
232
The prayer for relief
234
The signature to a bill
240
CHAPTER V
247
Service upon corporations
255
Substituted service of a subpoena
259
98
265
Trial 980
266
Writs of habeas corpus in general
268
102
273
Evidence Depositions 982
278
CHAPTER VIIL
281
Classification of demurrers to the relief
287
Protestation
293
Overruling a demurrer
300
126
307
130 Pleas of want of parties
312
133
322
Proceedings of the plaintiff when a plea is filed
328
Motion for a reference of a plea
334
Admissions and denials independent of discovery
341
149 Proceedings to compel answer
348
Supplemental answers
355
366a Suspension of writ of habeas corpus
356
159 Frame of a replication
361
What amendments to bills may be made
367
167 Amendment of answers
373
CHAPTER XIII
377
When a crossbill should not be filed
380
Frame of a crossbill
384
Proceedings upon crossbills
387
Practice on removal of suits against revenue officers and offi
388
CHAPTER XIV
391
Effect of abatement
393
When a suit may be revived and effect of revivor
395
Who may revive a suit
396
Manner of revivor in general
397
Definition of bills of revivor and parties to the same
398
Frame of a bill of revivor
399
Proceedings upon bills of revivor
400
Bills in the nature of bills of revivor in general
403
Frame of bills in the nature of bills of revivor and proceedings upon them
405
Bills of revivor and supplement
406
What renders a suit defective
407
Supplemental bills
408
Parties and frame of a supplemental bill
411
Proceedings upon supplemental bills
413
Bills in the nature of supplemental bills in general
416
Frame of a bill in the nature of a supplemental bill
418
CHAPTER XV
420
Special motions without notice
421
197 Notice of motion
423
Argument of motions
427
Petitions in general
429
Petitions for leave to sue in forma pauperis at common law and in equity
431
201 Petitions of intervention
434
201a Practice upon interventions
440
Form of petitions and practice upon them
446
Orders
447
Judges who may grant orders
450
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 the opening of letters
479
221 Injunctions to compel the delivery of personal property tor tiously withheld
480
When injunctions will not issue
482
485 Proof and allowance of claims
485
Distinction between the judicial writ and the writ remedial
486
225 Distinction between mandatory and prohibitory injunctions
487
Distinction between provisional and perpetual injunctions
488
Distinction between common and special injunctions
489
Injunctions not prayed for in the bill
490
Special practice of the Federal courts in the issue of injunc tions
491
231 Notice of application for interlocutory injunction
495
Affidavits upon an application for an injunction
496
370
498
The writ of injunction
500
Dissolution and modification of interlocutory injunctions
503
The imposition of terms upon the issue denial dissolution or continuance of an injunction
506
Sales 984
507
Perpetual injunctions
509
Appeals from injunction orders
511
CHAPTER XVII
514
Rules regulating the appointment of receivers
520
Ancillary receivers
521
Terms upon the appointment of receivers and preferences in foreclosure suits
524
Sales as perishable 984
526
Property over which receivers may be appointed
536
Petition against proceeds of sale 986
537
Powers of receivers in general
538
Powers of receivers of railroads
541
Receivers certificates
548
Advice to receivers
549
Litigation by receivers
550
Duties of receivers
556
Liability of a receiver
558
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
576
CHAPTER XVIII
579
Against whom the writ will issue
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
Definition and use of an affidavit
608
Manner of verifying an affidavit
609
Form of an affidavit
610
Execution of an affidavit
611
Competency of witnesses
612
275 Subpoenas ad testificandum
617
Service of a subpoena ad testificandum
618
Compelling a witness to testify
621
Testimony taken in equity which may be used in other courts
622
Practice on removal of cases arising under the civil rights laws 949
632
Testimony taken after a cause is at issue and beyond the juris
634
Proceedings under a dedimus potestatem
647
Order approving trustees bond 1519
653
CHAPTER XX
655
Dismissal for failure to perfect or revive a suit
661
Rules of decision upon a hearing
667
Matters concerning which an issue is directed
673
Practice after removal 953
676
CHAPTER XXIII
679
428 Assignment of errors 989
680
Proof of unsecured debt 1521
683
A state of facts
685
Masters reports and compensation
687
Exceptions to masters reports
689
Sales by masters
692
Order of reference in judges absence 1515
697
Remand 962
701
CHAPTER XXIV
702
Decisions on writs of error and appeals
703
Decrees in personam
704
Decrees in rem
706
Decrees nisi
707
Oath of final account of trustee 1529
709
Decrees in the nature of decrees nisi
711
325 Frame of decree
712
325a Motions at the foot of a decree
716
CHAPTER XXV
718
Costs and fees
722
Classification of costs
724
329 Costs as between party and party
725
Clerks fees
729
INDEX 1535
732
Rule for mandamus 1342
734
PRACTICE IN ADMIRALTY
735
Marshals fees
738
Release of property from custody of marshal Claim 973
741
Order for monition
743
Witnesses fees
744
375 Rules of decision at common
745
Miscellaneous disbursements
748
Mandamus 992
749
Costs out of the fund
751
Costs as between solicitor and client
753
Taxation of costs
754
Security for costs
755
CHAPTER XXVI
757
Contempts
760
Notice of application for attachment
765
Hearing upon applications for attachments
766
433 Proceedings on seizures 995
767
Order of commitment
768
Writ of attachment
769
II
770
Sequestration
772
348 Writ of assistance
773
Action by court itself
774
349a Bills to carry decrees into execution
775
CHAPTER XXXI
778
Organization of Court of Claims 999
796
Copyright

Common terms and phrases

Popular passages

Page 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...
Page 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.
Page 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...
Page 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...
Page 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.
Page 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...
Page 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...
Page 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...
Page 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...
Page 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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