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

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Callaghan, 1901

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Abatement and revivor
867
Rules of decision at common law
876
New trials
885
Judgments
895
Condemnation proceedings
905
Separable controversies
920
Practice on removal in general
926
385a Petition for removal
927
Page
930
385b Bond on removal
931
Proceedings in State court on removal not dependent on preju dice or local influence
933
Practice on removal for prejudice or local influence
937
Practice on removals of suits containing controversies be tween citizens of the same State claiming land under grants of different States
944
Practice on removal of suits against revenue officers and offi cers of either House of Congress
947
Practice on removal of cases arising under the civil rights laws
949
Filing of record
950
Practice after removal
953
Effect of removal
960
Remand
962
CHAPTER XXX
966
Security for libelants costs
968
Parties
969
Process in rem
970
Process in personam
971
Return of process and defaults
972
Release of property from custody of marshal Claim
973
Security for defendants costs
974
Bond to the marshal
975
Petition to bring in additional parties under Rule 59
976
Tender
978
Crosslibel
979
Interrogatories
980
Evidence Depositions
982
Final decree
983
Sales
984
Costs
985
Petition against proceeds of sale
986
Appeals when and how taken
987
Bond on appeal
988
Assignment of errors
989
New proofs on appeal
990
S431 Practice upon appeals to the Supreme Court
991
Mandamus
992
Limitation of liability Petition
993
Same Proof of claims
994
438 Proceedings on seizures
995
Proceedings in prize causes
996
CHAPTER XXXI
999
Jurisdiction of Court of Claims
1001
Statutes concerning decisions on jurisdiction of Court of Claims
1010
Statute of limitations in Court of Claims
1017
Petitions and parties plaintiff in Court of Claims
1019
Pleadings by defendant in Court of Claims
1027
Amendments in Court of Claims
1029
Attorneys in Court of Claims
1030
Evidence before the Court of Claims
1031
Motions and notices in Court of Claims
1041
Abatement and revivor
1042
Discontinuance and withdrawal of papers
1043
References by Court of Claims 1016
1046
New trials
1047
Judgments in Court of Claims
1050
Appeals from Court of Claims
1053
CHAPTER XXXII
1056
Introductory
1057
Former method of settlement and decisions as to validity of Mexican and Spanish land grants
1058
Organization of the Court of Private Land Claims
1060
Time and place of holding the court
1062
Parties
1065
Locality of proceeding
1067
Evidence
1071
Attorneys and clerk
1074
Limitation of proceedings
1075
Preparation for appeals
1077
Appeals
1079
CHAPTER XXXIII
1081
Parties in bankruptcy
1086
Acts of bankruptcy
1090
Petitions in bankruptcy
1094
Process and notices to creditors
1098
Pleadings by the respondents in bankruptcy
1100
Interlocutory orders warrants injunctions receivers and arrest
1101
Trials and references
1104
Evidence
1111
Meetings of creditors and appointments of trustees
1114
Qualifications duties and powers of trustees
1117
Proof and allowance of claims
1125
Setoffs and counterclaims
1131
Exemptions
1137
Declaration and payment of dividends
1138
Compositions
1139
Discharge of bankrupts
1141
Costs and fees
1148
Jurisdiction in bankruptcy of the Circuit Courts
1151
Review by Circuit Courts of Appeals
1152
Review by the Supreme Court of the United States
1157
CHAPTER XXXIV
1160
Writs of error and appeals to the Supreme Court from the Fed eral courts
1163
Review by Supreme Court of questions of jurisdiction
1171
Certification to the Supreme Court by the Circuit Courts of Appeals
1175
Writs of error from the Supreme Court to State courts
1180
Writs of error from and appeals to the Circuit Courts of Ap peals
1189
Supersedeas
1239
Return to writ of error or appeal
1248
Motions to dismiss appeals and writs of error
1255
Printing the record
1265
Argument of appeals and writs of error 1207
1267
Rehearings
1274
Further proof on appeal
1276
Decisions on writs of error and appeals
1278
Mandate
1290
Second writ of error or appeal
1296
Form Page 1 Bill in equity in patent case
1301
Demurrer
1305
Plea
1306
Answer
1307
Bill of revivor
1309
Notice to take testimony in equity
1311
Notice of deposition under Revised Statutes
1312
Order for dedimus potestatem
1313
Letters rogatory
1314
Masters warrant or summons
1315
Notice accompanying draft of masters report
1316
Stipulation for reference of action at common law
1317
Order adjudging party guilty of contempt
1318
Petition for removal from a State court to a Circuit Court of the United States
1319
Bond on removal
1320
Final record in equity
1321
Bill of exceptions
1322
Appeal and allowance
1326
Citation and appeal
1327
Writ of error from Supreme Court to Circuit Court
1328
Writ of error from Circuit Court of Appeals to Circuit Court
1329
Certificate by clerk to transcript
1330
Citation to Circuit Court of Appeals on writ of error
1331
Writ of error to State court
1332
Assignment of errors
1333
Petition for writ of certiorari to Circuit Court of Appeals
1334
Motion to dismiss or to affirm
1342
Writ of mandamus
1344
ADMIRALTY FORMS Form Page I Libel in rem
1345
Interrogatories annexed to libel
1349
Stipulation for libelants costs
1353
Claim of owner
1354
Stipulation for claimants costs
1355
Stipulation for value
1356
Order appointing appraisers
1357
Oath of appraisers
1358
Petition to bring in vessel under Supreme Court Rule 59
1360
Interlocutory decree and default in admiralty
1361
Interlocutory decree in admiralty
1362
Final decree in admiralty
1363
Final decree in admiralty for summary judgment ou bond to marshal
1364
Final decree and order of sale in admiralty
1365
XXVIIL Petition of appeal
1366
Mandate in admiralty
1367
Libel or petition for limitation of liability
1368
Order for transfer to trustee
1370
Transfer to trustee
1371
Order for monition
1372
Monition
1373
XXXVIL Final decree in proceedings for limitation of liability in admiralty
1374
RECENT IMPORTANT STATUTES Judiciary Act of 1875 as amended in 1887 and 1888
1378
Unamended sections of Judiciary Act of March 3 1875
1382
Evarts Act creating Circuit Courts of Appeal
1384
Act extending jurisdiction of Circuit Court of Appeals for Eighth District to certain writs of error and appeals from the United States Court in the Indi...
1389
EQUITY RULES
1390
ADMIRALTY RULES
1409
SUPREME COURT RULES
1421
RULES OF CIRCUIT COURT OF APPEALS
1437
ADMIRALTY RULES OF THE SECOND CIRCUIT
1464
VII
1469
RULES OF COURT OF CLAIMS
1470
RULES OF COURT OF PRIVATE LAND CLAIMS
1486
GENERAL ORDERS IN BANKRUPTCY
1489
FORMS IN BANKRUPTCY
1500
Partnership petition
1508
Creditors petition
1509
Order to show cause upon creditors petition
1510
Denial of bankruptcy
1511
Bond of petitioning creditor
1512
Adjudication that debtor is not bankrupt
1513
Appointment oath and report of appraiser
1514
Order of reference in judges absence
1515
Notice of first meeting of creditors
1516
General letter of attorney in fact when creditor is not represented by attorney at law
1517
Appointment of trustee by creditors
1518
Notice to trustee of his appointment
1519
Order that no trustee be appointed
1520
Proof of unsecured debt
1521
Proof of debt due corporation
1522
Proof of debt by agent or attorney
1523
Affidavit of lost bill or note
1524
List of claims and dividends to be recorded by referee
1525
Petition and order for sale by auction of real estate
1526
Petition and order for sale subject to lien
1527
Petition and order for sale of perishable property
1528
Trustees return of no assets
1529
Petition for removal of trustee
1530
Order for choice of new trustee
1531
Specification of grounds of opposition to bankrupts discharge
1533
Order confirming composition
1534
INDEX
1535
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Halaman 877 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Halaman 1121 - ... property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Halaman 1158 - Act read in its essential parts as follows: (A) final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Halaman 1092 - States as a holiday or as a day of public fasting or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts...
Halaman 1001 - 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, express or implied, with the Government of the United States, or for damages liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity or admiralty if the United States were suable...
Halaman 1332 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Halaman 1301 - Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country before his invention or discovery thereof...
Halaman 1142 - The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt...
Halaman 1356 - For which Payment well and truly to be made, we bind ourselves, and each of us, our and each of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents.
Halaman 1131 - The court shall order the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, district, or municipality in advance of the payment of dividends to creditors...

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