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Vol. II begins at § 360, p. 801.

ADMIRALTY (continued) —

parties, 396, p. 969; § 407, p. 976; § 420, p. 985.

process, 397, p. 969; § 398, p. 970; § 399, p. 970; § 400, p. 971; § 401, p. 972.
release of property from custody of marshal, § 402, p. 973; § 405, p. 975.
exemption from seizure, § 399, p. 970.

stipulations, § 404, p. 973.

appraisement, § 406, p. 975.
answer, 408, p. 976.

tender, § 409, p. 978.

exceptions to pleadings, § 410, p. 978.
cross-libel, $411, p. 979.

statute of limitations, § 408, p. 976.
interrogatories, § 412, p. 980.
trial, § 413, p. 980.

evidence, § 264, p. 585; § 414, p. 982.
decrees, SS 415, 416, pp. 982, 983.
sales, 417, 418, pp. 984, 985.

costs, 395, p. 968; § 419, p. 985.

intervention, § 420, p. 985.

distribution of proceeds of sale, §§ 421, 422, p. 986.

appeals, SS 423-431, pp. 986-991.

writ of prohibition, § 432, p. 991.

writ of mandamus, § 433, p. 992.

proceedings for limitation of liability, SS 434-437, pp. 993-994.

proceedings for the condemnation and sale of property, under suits to

enforce penalties and forfeitures, § 438, p. 995.

practice in prize causes, § 439, p. 996.

what libel must contain, § 394, p. 966.

proceeding in rem, § 394, p. 966.

proceedings in personam, § 394, p. 967.

prayer for relief, § 394, p. 967.

should be verified, § 394, p. 968.

suits on behalf of the United States, § 394, p. 968.

in forma pauperis, § 395, p. 969.

co-libelants, § 396, p. 969.

libel against more than one vessel, § 396, p. 969.

vessels exempt from seizure, § 399, p. 970.

decrees by default, § 401, p. 972.

stipulations for value, § 404, p. 973.

bond to marshal, § 405, p. 975.

contributory negligence, § 408, p. 977.

limitations, § 408, p. 976.

laches, § 408, p. 976.

damages, § 408, p. 977.

amendments, § 410, p. 979.

verdict reviewable by appeal, § 413, p. 981.

forms in, pp. 1345–1377.

rules in, pp. 1409-1420.

rules in Second Circuit (C. C. A.), pp. 1464-1468.

time of taking appeals, § 424, p. 987.

bond on appeal, $427, p. 988.

assignment of error, § 428, p. 989.

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security required to obtain supersedeas where property is in custody of
marshal under, § 402, p. 973.

ADMISSIONS-

effect on value of matter in dispute, § 16, p. 56.

not necessary to charge specifically in bill in order to give in evidence,
§ 69, p. 201.

Vol. II begins at § 360, p. 801.

ADMISSIONS (continued) —

by demurrer, § 106, p. 282.

and denials in answer independent of discovery, § 146, p. 341.
of sufficiency by filing replication, § 158, p. 360.
see also EVIDENCE.

ADVANCING APPEALS -

on calendar of Supreme Court, § 514, p. 1269.
ADVICE -

receiver applying to court for, § 246, p. 542.
to receivers, § 248, p. 549.

see also INSTRUCTIONS.

AFFIDAVITS —

to bills, when required, § 87, p. 240.

failure to support bill by, in certain cases demurrable, § 108, p. 290.
of defendant to accompany demurrer, § 118, p. 298.

to support application for leave to amend, § 168, p. 375.

necessary to support an ex parte application for an injunction to re-
strain the infringement of a patent, § 216, p. 473.

upon an application for an injunction, § 232, p. 496.

to bill of costs, § 337, p. 754.

to show value of matter in dispute where it does not appear of record,
§ 504, p. 1216.

of deposit in mail of notice and brief, on motion to dismiss appeal or
writ of error, § 512, p. 1264.

see also EVIDENCE.

AFFIRMANCE-

motions for, § 512, pp. 1256-1261.

by Supreme Court of judgment or decree, § 517, pp. 1278, 1279; § 518,
pp. 1290-1298.

by divided court, § 517, p. 1279.

AFFIRMATION-

in lieu of oath, § 270, p. 609.

AFFIRMATIVE PROMISE-

injunction to restrain violation of negative promise, though court has
in the particular case no power to compel keeping of affirmative
promise, § 220, p. 479.

AGENTS-

making parties to suits against principals, § 43, p. 150.

bill by principal against, § 11, p, 29.

citizenship of as affecting jurisdiction, § 18, p. 63.

service upon, of corporation, § 95, p. 256.

AGREEMENT-

alternative relief in action affecting, § 70, p. 203.

between counsel, must be reduced to writing, or made in open court,
§ 265, p. 589.

bill to reform and enforce, not multifarious, § 74, p. 217.

ALABAMA -

divided into three districts, § 26a, p. 90.

counties and times and places of holding court therein enumer
ated, § 26a, p. 90.

special rule as to jurisdiction in, § 22, p. 79.

district of, included within Fifth Circuit, § 26, p. 88.

ALASKA-

within Ninth Circuit, § 26, p. 88.

writ of prohibition to District Court of, § 362, p. 811

District Court of, jurisdiction, § 13, p. 40.

divided into three divisions. § 26a, p. 91.

places of holding terms, § 26a, p. 91.

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controversy between, § 19, p. 66.

when incapable of being plaintiffs, §§ 28, 30, p. 122.

if party to bill, necessary to aver citizenship of foreign State, § 66,
p. 194.

defendant, when cannot remove case to Circuit Court, § 383, p. 911.
jurisdiction of suit by or against, § 15, p. 43; § 19, p. 68; § 22, p. 76; § 25,
p. 87.

right to remove case, § 383, p. 911.

in what district sued, § 22, p. 76.

ALIMONY-

value of matter in dispute in a suit for, § 16, p. 52.

bill to collect, § 11, p. 28.

ALLEGATIONS-

not stated positively, demurrable, § 67. p. 195; § 108, p. 289.
special, by stockholders, § 76, pp. 220–222.

ALLOWANCE-

to counsel in receiverships, § 257, p. 572.

see also COSTS; WRITS OF ERROR AND APPEALS.

ALTERATIONS-

in answer, § 151, p. 351.

ALTERNATIVE -

bill must not state two inconsistent states of fact and ask relief in the,
$ 70, p. 202.

when relief in the alternative may be asked for, § 79, p. 202.

ALTERNATIVE RELIEF-

bill praying, § 70, pp. 202-204; § 83, p. 235.

AMBASSADORS -

jurisdiction of cases affecting, § 3, p. 5.

original jurisdiction of United States Supreme Court over, § 14, p. 41.
AMENDMENT —

to bill to permit other parties to be brought in, § 46, p. 162.

to bill on objection for multifariousness being sustained, § 75, p. 219.
whether bill may be taken pro confesso for failure to answer, § 103,
p. 276.

of demurrer, § 107, p. 285.

leave to make, when granted on sustaining demurrer, § 123, p. 301.
to replication, § 157, p. 361.

in general, § 160, p. 363.

rest in discretion of court, § 160, p. 363.

statutory power to grant, § 160, p. 363.

liberally made in favor of States, charities, infants, idiots and lunatics,
§ 160, p. 363.

when bills can be amended, § 161, p. 363.

form and effect of amendment of a bill, § 162, p. 366.

what amendments to bills may be made, § 163, p. 367.

amendment by pleading matters subsequent to the filing of the bill,
$164. p. 370.

proceedings upon an amended bill, § 165, p. 371.

amendment of demurrers, pleas and replications, § 166, p. 372.

answers, 167, p. 375.

practice in obtaining leave to amend, § 168, p. 375.

rarely allowed to bill of discovery, § 281, p. 627.

Vol. II begins at § 360, p. 801.

AMENDMENT (continued) -

which may be disregarded at hearing, § 299, p. 669.

of pleading, how far State practice respecting, is followed, § 360, p. 806.
of judgments by courts that rendered them, § 379, p. 899.

writs of attachment, § 369, p. 858.

of bond given on removal of cause, § 385b, p. 932.

in Supreme Court of the United States. § 391, p. 958.

of petition, after removal of cause to Federal court, § 391, p. 958.
pleading, after removal of cause to Federal court. § 391, p. 956.
bond, after removal of cause to Federal court, § 391, p. 959.
writ of error, § 507, p. 1233.

of removal bond, § 391, p. 959.

how far jurisdiction conferred by amendment, § 18, p. 65; § 385, p. 930;
§ 391, p. 957.

enforced to plead new matter. § 76. p. 220.

for purpose of praying proper relief. § 83, p. 235.

for omission of a waiver, tender or offer, § 84, p. 238.

for admission of signature to bill, § 86. p. 240.

of bill upon the filing of the plea, § 138, pp. 328-330.

of plea after overruling, § 140, p. 333.

of answer, § 153, p. 352.

see also CORRECTION OF DECREE OTHERWISE THAN BY APPEAL
AMENDMENTS TO CONSTITUTION —

seventh, § 4, p. 6.

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eleventh, 3, p. 5; § 37, p. 135; § 38, p. 144.

fourteenth, § 15, p. 46.

AMOUNT IN CONTROVERSY-

that it is not large enough to give court jurisdiction, a ground of de-
murrer, § 108, p. 288.

see MATTER IN DISPUTE; also VALUE

ANCILLARY JURISDICTION (see JURISDICTION).
ANCILLARY LETTERS OF ADMINISTRATION—
by foreign administrator, § 34, p. 126.

ANCILLARY RECEIVERS -

defined, principles regulating appointment of, § 242, p. 521.
ANOMALOUS PLEA

-

defined, § 124, p. 305; § 137, pp. 327, 328.

ANOTHER SUIT PENDING-

objection of, can be raised by demurrer, § 108, p. 289.
subject of plea in defense, § 129, p. 309.

ANSWER-

a mode of objecting to want of parties, § 61, p. 183.

exceptions for impertinence not to be taken after, § 68, p. 198.
as a mode of objecting to multifariousness in bills, § 75, p. 218.
waiving, under oath, 82, p. 233; § 84, p. 235.

as evidence, § 84, p. 236.

to bill without objection to want of signature, a waiver, § 86, p. 240.
demurrer cannot be filed to. § 105, p. 281.

defendant may demur to discovery if his answer subjects him to a

pain, penalty or forfeiture, § 109, p. 290.

objections which can be taken by, § 109, p. 291.

when to be filed, § 111, p. 292.

with pleas, $ 137, p. 326.

filing after a hearing upon plea, § 142, p. 335.

when bill may be amended before, § 161, p. 364; § 164, p. 371.

amendment of, § 167, p. 373.

irregular practice to unite with cross-bill in same pleading, § 172, p. 386.
to supplemental bill, § 189, p. 415.

losing right to demur to petition for intervention by interposing an
answer, § 202, p. 446.

ANSWER (continued) —

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Vol. II begins at § 360, p. 801.

adverse parties may file answer denying the fact stated in the peti-
tion, or setting up other facts in avoidance, § 202, p. 447.

when receiver may be appointed before, § 252, p. 565.

effect of consent to extend time to answer, on time to remove cause,
§ 385d, p. 934.

removal of cause after, § 385d, p. 935.

may be treated as an amendment to a petition, after removal of cause
to Federal court, § 391, p. 958.

denies, admits or qualifies each statement in the bill seriatim, § 67,
p. 195.

to interrogatories in a bill, § 82, p. 233.

taking bill pro confesso for failure to, § 103, p. 275.

time to, extended by amendment, § 165. p. 371.

court may refuse leave to file after bill is amended, § 165, p. 372.
to bill of revivor, § 181, p. 402.

ANSWERS AND DISCLAIMERS

-

pleading defenses in an answer, § 144, p. 337.

requisites of answer, what may be pleaded in, § 144, p. 337.

defenses peculiar to patent cases, § 145, p. 338.

impertinence and scandal in, § 147, p. 342.

admissions and denials independent of discovery, § 146, p. 341.
discovery, 148, p. 343.

when to be filed, § 149, p. 348.

proceedings to compel answer, § 149, p. 348.

frame of answer and formal requisites, § 150, p. 348.

signature and oath to answer, § 151, p. 350.

motions to take answers off the file, § 152, p. 351.

exceptions for insufficiency, § 153, p. 352.

supplemental answers. § 154, p. 355.

disclaimers, § 155, p. 355.

form of, 155, p. 356.

ANTICIPATED DEFENSE -

counter averments to avoid, § 76, p. 219.

ANTI-TRUST ACT —

suit under, brought by representative of a class, § 48, p. 164.
see MONOPOLIES.

APPEAL-

value of right to, from probate of will, § 16, p. 52.

from cases in courts of Indian Territory, § 26, p. 88.

by plaintiff in suits to enforce a claim against the United States, § 36,
p. 133.

a decision overruling an objection on the ground of multifariousness
will not be reviewed on, § 75, p. 219.

from a decree dismissing a cross-bill, § 173, p. 390.

from order granting an injunction, § 230, p. 493; § 238. p. 511.

from an order appointing a receiver, § 230, p. 493; § 238, p. 511.

from an order authorizing issue of receiver's certificates, § 247, p. 549.
by receivers, § 249, p. 555; § 257, p. 573.

from taxation of costs, § 337. p. 754.

demurrer for joinder of improper parties cannot be raised for first
time on, § 62, p. 186.

objections for multifariousness cannot be taken for the first time upon,
$ 75, p. 218.

no appeal from order granting or refusing rehearing, § 352, p. 784.
from final decree taking bill pro confesso, § 104, p. 280.

right of new parties brought in by intervention to, § 201a, p. 443.
from interlocutory orders, § 203, p. 449.

judge of Circuit or District Court has no power to enjoin the enforce-
ment of a judgment in a State court after an appeal to the United
States Supreme Court and a supersedeas, § 211, p. 461.

compensation of receivers rarely if ever increased on, § 258, p. 574.

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