Gambar halaman
PDF
ePub

time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding."

"The pleading in the Federal courts is substantially similar to that in the State courts of the locality. "Amendments are liberally allowed in case of formal defects in a way to enable the courts to administer justice and render decisions according to the very right of the cause."

In the making up of a jury the judge of the Federal court is allowed great discretion, and may adopt the State practice or not as he sees fit.3

A jury trial may be waived in the Federal courts by agreement.

Section 649 of the Revised Statutes provides: "Issues of fact in civil cases in any Circuit Court may be tried, and determined by the court, without the intervention of a jury whenever the parties, or their attorneys of record, file with the clerk a stipulation in writing waiving a jury. The find of the courts upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury."

And Section 700 of the Revised Statutes, provides: "When an issue of fact in any civil cause in a Circuit Court is tried and determined by the court without the intervention of a jury, according to Section 649, the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment."

Pointer vs. United States, 151

U. S., S. 396.

SECTION 20. EQUITY PRACTICE AND PLEADING.

"The equity procedure of the Federal courts, is independent of that in the state courts. The Federal courts in this branch of their jurisdiction, have their own rules and practice. These rules are in accordance with the practice in equity that prevailed at the time of the adoption of the Federal Constitution as modified by a code of rules laid down by the Supreme Court of the United States under authority of law, together with certain rules of the lower Federal courts regulating details of their own procedure."

4

This subject is covered by Sections 913 and 917 of the Revised Statutes, which provide:

"The forms of mesne process and the forms and modes of proceeding in suits of equity and of admiralty and maritime jurisdiction in the circuit and district courts shall be according to the principles, rules and usages which belong to courts of equity and of admiralty respectively, except when it is otherwise provided by statute or by rules of courts made in pursuance thereof, but the same shall be subject to alteration and addition by the said courts, respectively, and to regulation by the Supreme Court, by rules prescribed, from time to time, to any circuit or district courts, not inconsistent with the laws of the United States."

"The Supreme Court shall have power to prescribe, from time to time, and in any manner not inconsistent with any law of the United States, the forms of writs and other process, the modes of framing and filing proceedings and pleadings, of taking and obtaining evidence, of obtaining discovery, of proceeding to obtain relief, or drawing up, entering, and enrolling decrees, and of proceeding before trustees appointed by the court, and • Hughes on Federal Procedure,

Sec. 154.

generally to regulate the whole practice to be used in suits in equity or admiralty, by the circuit and district courts."

In 1842 the Supreme Court adopted a code of ninety-two rules of procedure." Of these ninety-one are now in force, and three new additional ones have been adopted. The right of Congress to authorize the adoption of these rules has been upheld by the Supreme Court. Such rules can only regulate procedure-they cannot affect the jurisdiction of the various Federal courts."

The forms of bills in equity have been much simplified but such bills must show both the jurisdiction of the court as a Federal court and the jurisdiction of the court as an equity court, and must be signed by counsel as a pledge of good faith.

"The general limits of the equitable jurisdiction of the Federal courts are those that prevailed in the High Court of Chancery in England at the time of the adoption of the Constitution of the United States."

1 Howard, XLI.

• Wayman vs. Southard, 10 Wheat, 1.

'The St. Lawrence, 1 Black., 522.

THIRTY-SEVENTH SUBJECT.

Evidence.

BY

ARTHUR W. DIXON, LL. D.

PROFESSOR OF MEDICAL JURISPRUDENCE AT THE ILLINOIS COLLEGE OF LAW,
AUTHOR OF “DIXON'S REVISED LAW EXAMINER," JOINT AUTHOR
OF "BUSCH & DIXON'S LAW EXAMINER," ETC., LATE

DEAN OF THE LAW DEPARTMENT OF CHI

CAGO NIGHT UNIVERSITY, OF

THE CHICAGO BAR.

« SebelumnyaLanjutkan »