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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Tender 978
11
State laws creating new rights are enforced by Federal courts
15
Judgments 895
16
Form Page
22
Property in the custody of another Federal court
25
Illustrations of cases where the Federal courts have refused
32
Federal courts which have jurisdiction in equity
39
Value of the matter in dispute
49
Suits arising under the Constitution or laws of the United
57
Review by Circuit Courts of Appeals 1152
62
Controversy between citizens of different States
63
Under grants of different States
70
Limitations upon jurisdiction by residence
75
Special limitation upon jurisdiction of Circuit Court for South ern District of New York
81
Jurisdiction of the District Courts of the United States
86
26 Territorial jurisdiction and terms of the Supreme Court Cir
88
cuit Courts of Appeal Circuit and District Courts of the United States
89
Page
98
Sources of Federal equity practice
120
CHAPTER II
122
Suits on behalf of infants
123
Suits on behalf of idiots lunatics and persons of weak mind
125
Capacity of foreign executors administrators and receivers to sue
126
Who may be defendants to a bill in equity
127
The United States as a defendant
128
Liability of States to suits by private persons
135
Liability of a State to a suit by another State
143
Suits against infants
144
Suits against idiots lunatics and persons of weak mind
146
Suits against married women
147
CHAPTER IIL PARTIES 42 General rule as to parties
148
Parties with no interest in the subjectmatter of the suit
149
Persons who on account of their interest need not be made parties to a suit in equity
150
Cases where the law has furnished a representative
155
Suits by a complainant on behalf of himself and others sim ilarly situated
161
Illustrations of bills filed by representatives
163
Suits against one or more of a class
164
Suits by or against one or more as representatives of a class claiming a common right
165
Omission of defendants not within the jurisdiction of the court
167
Formal parties who may be omitted when without the juris diction
170
Parties whose interest is separable 100
173
Parties indispensable to a decree
174
When numerous interests have been created for the purpose of preventing the plaintiff from obtaining equitable relief
180
When the plaintiff waives his right against a person
181
When the right of administration is in dispute
182
Restatement of the rules as to parties
183
Objection for want of parties
184
Objection for joinder of improper parties
185
CHAPTER IV
187
BILLS 63 Informations
188
Definition and classification of bills
190
Frame of a bill in equity
192
Introductory 1057
193
The narrative part of a bill
195
Scandal and impertinence
196
Certainty
198
Inconsistency and bills with a double aspect
202
Multifariousness in general
205
Multifariousness by misjoinder of plaintiffs
207
Multifariousness by misjoinder of defendants
210
Multifariousness without misjoinder of parties
215
Objections to multifariousness
218
Special provisions of the Federal equity rules and practice
219
Bills to enjoin the infringement of patents
222
General rules of equity pleading
227
The common confederacy clause
230
The charging part
231
Exceptions Amendments 978
232
The prayer for relief
233
84 Waivers and offers
235
The prayer of process
239
The signature to a bill
240
Bills of interpleader
241
Bills in the nature of interpleader
245
CHAPTER V
247
Issue of the subpoena
249
When a subpoena is necessary
250
94 Personal service of a subpoena
251
Service upon corporations
254
Substituted service of a subpoena
258
Statutory service of a subpoena
265
Exemptions from service of subpoena or other process legal or equitable other than arresto
266
CHAPTER VI
269
Effect of an appearance
271
When an appearance must be made
273
TAKING BILLS PRO CONFESSO 103 When a bill may be taken pro confesso
274
Practice in taking a bill pro confesso
276
CHAPTER VIIL DEMURRERS 105 Definition and general characteristics of a demurrer
281
Admissions by a demurrer
282
Demurrers to parts of bills
285
Classification of demurrers to the relief
287
Demurrers to the discovery
290
Of what defects advantage should be taken by demurrer
291
When a demurrer should be filed
292
Protestation
293
Demurrers ore tenus C
295
Prayer of judgment
296
Certificate of counsel
297
Setting demurrer down for argument
298
Overruling a demurrer
299
Sustaining a demurrer
301
Demurrer 1305
302
CHAPTER IX
303
Pleas in abatement in general
305
Pleas to the jurisdiction 807
307
Pleas to the bill
308
Pleas of pendency of another suit
309
Pleas of want of parties
312
Pleas of statutes
313
Pleas of matter of record
315
Pleas of matter in pais
323
Pleas to the discovery
324
Answers with pleas
326
Proceedings of the plaintiff when a plea is filed
328
Motion to take a plea off the file
330
Motion for a reference of a plea
334
General remarks upon pleas 836
336
CHAPTER X
337
Defenses peculiar to patent cases
338
Locality of proceeding 1067
339
Admissions and denials independent of discovery
341
Impertinence and scandal
342
Discovery
343
149 Proceedings to compel answer
348
Signature and oath to answer
350
Motions to take answers off the file
351
Exceptions for insufficiency
352
Supplemental answers
355
Disclaimers
358
When a replication should be filed
359
Effect of a replication
360
CHAPTER XIL AMENDMENTS 160 Amendments in general
363
Form and effect of amendment of a bill
366
What amendments to bills may be made
367
Amendment by pleading matters subsequent to the filing of the bill
370
Proceedings upon an amended bill
371
Amendments of demurrers pleas and replications
372
167 Amendment of answers
373
Practice in obtaining leave to amend
375
CROSSBILLS Page 169 Definition and origin of crossbills
377
When a crossbill should not be filed
380
Frame of a crossbill
384
Proceedings upon crossbills
387
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
187 Supplemental bills
408
Petitions in general
429
Petitions for leave to sue in forma pauperis at common law and in equity
431
Stipulation for reference of action at common law 1317
433
Petitions of intervention
434
Practice upon interventions
440
Form of petitions and practice upon them
446
Orders
447
Preparation for appeals 1077
449
Judges who may grant orders
450
CHAPTER XTL INJUNCTIONS Page 205 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 irreparable injury for which the remedy at law is inadequate in general
457
Injunctions to stay proceedings in other courts
458
Injunctions to restrain the alienation of property
463
Injunctions to prevent waste
464
Injunctions to prevent the continuance of a nuisance
465
Injunctions to restrain trespass
467
216 Injunctions to restrain the infringement of patents
470
Injunctions to restrain the unlawful use of trademarks
477
Injunctions to prevent the opening of letters
479
Injunctions to compel the delivery of personal property tor tiously withheld
480
When injunctions will not issue
482
Distinction between the judicial writ and the writ remedial
486
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
Notice of application for interlocutory injunction
495
Affidavits upon an application for an injunction
496
Rules of decision upon applications for interlocutory injunc tions
499
The writ of injunction
500
Dissolution and modification of interlocutory injunctions
502
The imposition of terms upon the issue denial dissolution or continuance of an injunction
506
Perpetual injunctions
509
Appeals from injunction orders
511
CHAPTER XVII
514
Acts of bankruptcy 1090
515
Rules regulating the appointment of receivers
520
Ancillary receivers
521
Terms upon the appointment of receivers and preferences in foreclosure suits
524
Appeal and allowance 1326
533
Property over which receivers may be appointed
536
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
Supersedeas bond 1327
561
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
Evidence Depositions 982
600
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
Practice on removal of suits against revenue officers and offi
616
Subpoenas ad testificandum
617
Compelling a witness to testify
621
Testimony taken in equity which may be used in other courts
622
Bills to take testimony de bene esse
625
Testimony taken before a cause is at issue
628
Testimony taken within the jurisdiction of the court after a cause is at issue
629
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 diction of the court
634
Form of deposition under acts of Congress
641
Commission issued under a dedimus potestatem
644
Proceedings under a dedimus potestatem
647
Letters rogatory
650
DISMISSING BILLS OTHERWISE THAN AT A HEARING 291 Dismissal of bills by the plaintiff
655
Dismissal of bills for want of prosecution
657
Dismissal for want of jurisdiction
658
Practice after removal 953
659
Dismissal for failure to perfect or revive a suit
661
CHAPTER XXI
664
Manner of hearing a cause
665
Rules of decision upon a hearing
666
Objections which cannot be made at the hearing
668
Action of the court upon a hearing
670
CHAPTER XXIL ISSUES AT LAW 301 Power of courts to direct issues at law
672
Matters concerning which an issue is directed
673
Time when an issue is directed
674
Manner of trying an issue
675
Effect of the finding of a jury upon an issue
676
Proceedings after the trial of an issue
678
CHAPTER XXIII
679
Who may be appointed master
680
Bringing on a reference
681
Parties entitled to attend a reference before a master
682
Proceedings before a master in general
683
312 A state of facts
685
Evidence before a master
686
Masters reports and compensation
687
Exceptions to masters reportj
689
Sales by masters
692
CHAPTER XXIV
702
Return to writ of error or appeal 1248
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
Motions at the foot of a decree
716
CHAPTER XXV
718
Costs and fees 1148
722
Classification of costs
724
Costs as between party and party
725
Clerks fees
729
INDEX 1535
732
Second writ of error or appeal 1296
735
Marshals fees
738
Return of process and defaults 972
741
Monition 1373
743
Witnesses fees
744
Miscellaneous disbursements
748
Intervenors 985
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
Limitation of liability Petition 993
767
Order of commitment
768
Writ of attachment
769
II
770
Sequestration
772
Writ of assistance
773
Action by court itself
774
349a Bills to carry decrees into execution
775
Organization of Court of Claims 999
776
Correction of decrees in general
778
Supplemental bills in the nature of bills of review
786
Bills in the nature of bills of review
795
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Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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...
Halaman 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...
Halaman 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...
Halaman 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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