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

Callaghan, 1901

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Halaman 1407
No rehearing shall be granted after the term at which the final decree of the court shall have been entered and recorded , if an appeal lies to the Supreme Court . But if no appeal lies , the petition may be admitted at any time before ...

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VOLUME II	801

Writs and process in general	808

362 Writs of prohibition	811

Mandamus	814

363a Jurisdiction of the Supreme Court of the District of Columbia to issue a writ of mandamus to an officer of the United States	820

364 Practice on application for mandamus	824

Writs of certiorari	828

366 Writs of habeas corpus in general	831

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

Page	834

366a Suspension of writ of habeas corpus	839

Practice on application for habeas corpus	840

368 Appeals in habeas corpus proceedings	847

368a Writs of quo warranto	851

Writs of scire facias	853

Attachment of property	857

370 Arrests	859

Consolidation at law and in equity	860

Evidence testimony depositions and inspection	862

Abatement and revivor	867

Trials	870

Rules of decision at common law	876

New trials	885

Bills of exceptions	888

378 Judgments	895

379 Correction of judgments by courts that rendered them	898

380 Executions and proceedings supplementary thereto	900

Condemnation proceedings	905

CHAPTER XXIX	908

383 Cases which may be removed from a State court to a Circuit Court of the United States	910

Separable controversies	920

Practice on removal in general	926

385a Petition for removal	927

Page	930

385b Bond on removal	931

385c 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	940

Practice on removal of suits against revenue officers and offi cers of either House of Congress	947

389 Practice on removal of cases arising under the civil rights laws	949

390 Filing of record	950

Practice after removal	953

Effect of removal	960

393 Remand	962

CHAPTER XXX	966

395 Security for libelants costs	968

Parties	969

Process in rem	970

Process in personam	971

Return of process and defaults	972

402 Release of property from custody of marshal Claim	973

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

424 Appeals when and how taken	987

Bond on appeal	988

Assignment of errors	989

New proofs on appeal	990

Practice upon appeals to the Supreme Court	991

Mandamus	992

Limitation of liability Petition	993

436 SameProof of claims	994

Proceedings on seizures	995

439 Proceedings in prize causes	996

CHAPTER XXXI	999

Jurisdiction of Court of Claims	1001

Statutes concerning decisions on jurisdiction of Court of Claims	1010

S443 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

448 Evidence before the Court of Claims	1031

Motions and notices in Court of Claims	1041

Abatement and revivor	1042

451 Discontinuance and withdrawal of papers	1043

References by Court of Claims	1046

New trials	1047

455 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

460 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

470 Preparation for appeals	1077

Appeals	1079

CHAPTER XXXIII	1081

Meetings of creditors and appointments of trustees	1114

Qualifications duties and powers of trustees	1117

485 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

499 Certification to the Supreme Court by the Circuit Courts of Appeals	1175

500 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

EQUITY RULES 1390	1191

Writs of error from and appeals to the Circuit Courts	1196

IV	1197

Judgments orders and decrees which may be reviewed by writs of error or appeal	1201

Value of the matter in dispute upon writs of error and appeals	1209

505 Parties to writs of error and appeals	1216

506 Time within which writs of error and appeals must be taken	1223

507 Writs of error	1228

Appeals	1235

509 Security on writ of error or appeal	1237

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	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

FORMS	1301

IV	1307

Notice accompanying draft of masters report	1316

Supersedeas bond	1327

Petition for writ of certiorari to Circuit Court of Appeals	1334

Motion to dismiss or to affirm	1342

Bond to marshal	1349

Order appointing appraisers	1357

Final decree in admiralty for summary judgment on bond	1364

Order for transfer to trustee	1370

II	1378

Evarts Act creating Circuit Courts of Appeal	1388

ADMIRALTY RULES	1409

SUPREME COURT RULES	1421

RULES OF CIRCUIT COURT OF APPEALS	1437

ADMIRALTY RULES OF THE SECOND CIRCUIT	1464

VII	1466

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	1532

Discharge of bankrupt	1533

Order confirming composition	1534

INDEX	1535

1378	1593

1389	1639

Hak Cipta

Istilah dan frasa umum

action alleged allowed amended amount answer appeal application attachment attorney authority Bank bankrupt bill Blatchf bond brought cause certified charge Circuit Court citizens City claim claimant clerk Constitution controversy copy corporation costs County creditors damages decision decree defendant determined direct discharge District Court effect entered evidence exceptions execution facts Federal court filed final finding followed give given grant ground habeas corpus hearing held influence interest issue judge judgment jurisdiction jury land libel marshal matter ment motion notice obtained original party pending person petition plaintiff pleading practice prejudice proceed proceedings proof question record recover reference refused removal rendered Rule seems statute stipulation sufficient suit supra Supreme Court taken term therein thereof tion trial United unless Wall writ of error

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Judul	A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages ... Volume 2 dari A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Roger Foster
Pengarang	Roger Foster
Edisi	3
Penerbit	Callaghan, 1901

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