A Treatise on Federal Practice, Civil and Criminal, Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Suits Upon Claims Against the United States: Proceedings Before the Interstate Commerce Commission and the Federal Trade Commission, Equity Pleading and Practice, Receivers and Injunctions in the State Courts, by Roger Foster, Volume 4 (Google eBook)

Front Cover
Callaghan & company, 1922 - Courts - 5026 pages
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Contents

Direct review by the Supreme Court of decisions of the Fed
3657
688a Review by the Supreme Court of the decisions of the Circuit
3672
689a Review by the Supreme Court through certiorari of decisions
3676
689e Practice upon applications to the Supreme Court for cer
3684
Review of decisions of Court of Claims
3693
691b Review by the Supreme Court of decisions of the Courts
3699
692a Determination whether Federal question was decided
3709
692c Practice upon writs of error to State Courts
3718
Appeals from the District Courts
3736
Value of the matter in dispute upon writs of error and
3757
Parties to writs of error and appeals
3767
Time within which writs of error and appeals must be taken
3778
Writs of error
3785
Appeals
3793
Security on writ of error or appeal
3807
Return to writ of error or appeal
3824
705 Motions to dismiss appeals and writs of error In general
3836
705b Dismissal upon consent
3843
705e Practice upon motions to dismiss 385U
3850
Printing the record
3854
Rehearings
3868
711a Final determination of the controversy
3876
711c Review of findings of fact
3884
711f Review of rulings upon interlocutory applications
3890
711h Consideration of matter subsequent to proceedings brought
3898
Mandate
3904
712a Enforcement of mandate
3915
APPENDIX
3925
Bill for injunction against District Attorney and Col
3937
Bill for injunction against District Attorney to restrain
3948
Stockholders bill for injunction against payment of
3967
Stockholders bill to regulate distribution of stock
3988
XH Bill in equity in patent case
4039
Bill in equity in patent case with allegations to support interlocutory injunction
4045
Bill in equity in copyright case
4050
Bill to protect trademark
4056
Bill to prevent unfair competition
4060
XVIL Petition under antimonopoly law
4064
Bill in equity for appointment of receiver
4074
Friendly bill for appointment of receiver
4085
Bill in equity for the appointment of ancillary receiver
4093
Petition for appointment of receiver at foot of decree
4099
Bill of foreclosure of railway mortgage
4106
Bill of revivor
4119
Supplemental bill
4122
Bill to perpetuate testimony
4124
Bill of review for errors apparent
4125
Petition for leave to file a bill of review for new matter
4126
Notice of lis pendens
4128
Answer to bill for injunction
4129
Answer in copyright suit in equity
4131
Answer in suit against directors
4144
Answer to friendly bill for receiver
4158
Amendments to bill in equity
4159
Petition for intervention in stockholders suit with al lowance thereof
4160
Order of Supreme Court for intervention injunction and receiver
4163
Order of intervention as defendants
4164
Notice of motion to dismiss bill
4165
Injunction order against infringement of trademark
4167
Writ of injunction against infringement of copyright
4168
Writ of injunction against strikers
4170
Order denying injunction upon bond filed by defendant
4171
Bond in place of injunction
4172
Order to show cause against appointment of receiver at foot of decree
4173
Order appointing receiver at the foot of decree
4174
Order appointing receivers of street railway company
4175
Order appointing ancillary receiver
4178
Order extending receivership
4180
Order for examination of third party by receivers
4181
Petition by lessor corporation for extension of receiver ship for its protection
4182
LIU Writ of ne exeat
4187
Masters warrant or summons
4193
Masters warrant or summons in patent case
4194
Notice accompanying draft of masters report
4195
Account of infringements of patent
4196
Order of Supreme Court consolidating causes for the pur pose of taking testimony and appointing commissioner
4197
Order appointing master to supervise stockholders meeting
4198
Final record in equity
4201
Decree
4202
Decree for injunction and accounting in patent case
4207
Decree for injunction and accounting in copyright case
4208
Decree for injunction and accounting in trademark case
4210
Decree of injunctions against monopoly
4212
Petition for rehearing
4213
Summons under Code Practice
4219
Return of service of summons
4220
Summons in Districts of Pennsylvania and return of marshal
4221
Appearance under Code Practice
4222
Complaint upon contract under Code Practice
4231
Complaint at common law under Antimonopoly Law
4237
Statement of claim under Pennsylvania
4243
Complaint to enforce liability of withdrawing stock holder
4245
Plaint or declaration in action in New Jersey District for dower
4247
Writ of dower
4249
Notice of filing and petition against United States un der Tucker Act of March 3 1887
4250
Pleas where common law practice prevails
4252
Answer under Code Practice
4257
Affidavit of defense under Pennsylvania Practice Act of 1915
4260
Similiter
4262
Reply for the plaintiff under Code Practice
4263
Bill of Particulars
4264
Notice of motion for leave to reframe common law pleading into bill in equity
4268
Petition for leave to reframe common law pleading into bill in equity
4269
Order granting leave to reframe common law pleading into bill in equity
4273
Notice of motion to transfer part of case to equity side of the court
4274
Affidavit in support of such notice
4275
Order sending part of cause to equity side of court
4276
Notice of motion transferring cause of action from equity to common law docket 4277
4277
Notice of trial
4278
Notice of deposition under revised statutes
4281
Certificate by notary to deposition de bene esse
4282
ing extracts from books and papers
4283
Subpoena duces tecum in aid deposition de bene esse
4284
Subpoena duces tecum upon trial
4286
Letters rogatory
4287
Stipulation waiving trial by jury
4288
Stipulation for reference of action at common law
4289
Stipulation to proceed with eleven jurors
4290
Order for judgment after trial by the court without a jury
4291
Judgment under Code Practice
4292
Writ of vendi exponas
4293
Writ of scire facia
4294
Libel ti rem
4295
Interrogatories annexed to libel
4298
Libel in personam with clause of foreign attachment
4299
Stipulation for libelants costs
4303
Claim of owner
4304
Stipulation for claimants costs
4305
Stipulation for value
4306
Bond to marshal
4307
Notice to appraisers
4308
Exceptions to libel
4309
Petition to bring in vessel under Supreme Court Rule 56
4311
Interlocutory decree and default in admiralty
4312
Interlocutory decree in admiralty
4313
Final decree in admiralty
4314
Final decree in admiralty for summary judgment on bond to marshal
4315
Final decree and order of sale in admiralty
4316
Petition on appeal
4317
Notice of motion for an order committing the defendants and other parties for a civil contempt
4331
Information for criminal contempt
4336
Order adjudging party guilty of contempt
4352
Attachment for contempt
4353
Writ of attachment against witness for disobedience of sub
4354
UPON REMOVAL OF CAUSES Paob I Notice of application for removal
4355
Petition for removal because case arises under constitution of the United States
4357
Petition for removal for a separate controversy
4359
Petition for removal because of fraudulent misjoinder as well as for a separable controversy and a difference of citizen ship by a realignment of the p...
4364
Notice of application for removal beeause of prejudice or local influence
4371
Petition for removal because of prejudice and local influence
4372
Petition for removal of criminal case from State Court under section 643 United States revised statutes Judicial Code
4375
4375 X Petition by an officer civil or criminal or a soldier of the United States for removal of a civil case from a State Court
4376
Bond on removal
4378
Certificate to the record by the clerk of the State Court
4381
Order for remand
4382
Order for repleader after removal
4383
UPON APPLICATIONS FOR THE WRIT OF HABEAS CORPUS I Petition for writ of habeas corpus to prevent extradition
4385
Writ of habeas corpus ad testificandum
4388
Order discharging prisoner
4389
Motion for leave to file petition for mandamus
4391
Petition to Supreme Court
4392
Motion for leave to file petition for mandamus to set aside receivership
4397
Rule to show cause why mandamus should not issue
4409
Return to order to show cause against issue of mandamus
4410
Return to order to show cause against issue of mandamus to set aside receivership
4413
Writ of mandamus
4416
Suggestion for writ of prohibition against admiralty proceed
4422
Petition for writ of prohibition against admiralty proceedings
4428
Return to order to show cause against issue of writ of pro
4439
Notice of motion of petition from Supreme Court
4445
Petition to Supreme Court for writ of certiorari to review
4452
Petition to Supreme Court for writ of certiorari to review
4468
Petition to Supreme Court to review decision of Circuit
4483
Notice of motion for writ of certiorari for diminution of the record
4489
Motion for writ of certiorari for diminution of the record
4490
Petition for writ of certiorari for diminution of the record
4491
Order upon petition for writ of certiorari for diminution of the record
4493
Petition to State Court for stay of proceedings pending application for writ of certiorari
4495
Order of State Court granting stay of proceedings pending application for writ of certiorari
4496
Application to District Court for stay of proceedings un der Mandate of Circuit Court of Appeals pending appli cation to Supreme Court for certiorari
4497
Answer to petition for writ of certiorari
4498
Answer to petition for writ of certiorari with cross petition
4503
Writ of certiorari from Supreme Court to State Court
4507
Stipulation that transcript of proceedings in State Court previously filed stand as return
4508
Stipulation that transcript of proceedings in Circuit Court of Appeals previously filed stand as return
4509
Return by clerk of Circuit Court of Appeals
4510
PROCEEDINGS FOR REVIEW BY WRIT OF EBROR OR APPEAL I Appeal and allowance
4511
Writ of error from Supreme Court to District Court
4512
Writ of error from Circuit Court of Appeals to District Court
4513
Writ of error to State Court
4514
Citation on writ of error
4515
Prayer for reversal
4520
Certificate of question of jurisdiction
4521
Supersedeas bond
4522
Assignment of errors
4523
Notice and petition for review of order in bankruptcy
4524
Petition or review of order of Federal Trade Commission
4526
Order extending time to serve bill of exceptions
4527
Bill of exceptions
4528
Bill of exceptions
4533
Order as to contents of return to writ of error
4534
Stipulation authorizing certificate to return
4535
Certificate by clerk to transcript
4536
Order for Appearance in Supreme Court
4537
Motion to dismiss appeal
4538
Motions to dismiss and to affirm
4541
Order of affirmance
4542
Judgment upon mandate
4544
IN CRIMINAL PROCEDURE I Complaint for warrant
4545
Mittimus pending examination
4546
Recognizance of accused pending examination
4547
Final recognizance of accused
4548
Recognizance of witnesses
4549
Certificate of proceedings
4550
Extradition warrant
4551
Certificate of extradition proceedings
4552
Mandate to jailer for the production of poor convict
4553
Certificate of discharge of poor convict
4554
Return to bench warrant or capias
4555
Capias pro fine
4556
Return to warrant for removal of prisoner
4557
Commitment to penitentiary
4558
Marshals return to commitment to penitentiary
4559
Indictment for offense on the high seas
4560
Indictment for offense committed at a place within
4561
Count in indictment for violation of national banking laws
4588
FOE USE BEFORE THE INTERSTATE COMMERCE COMMISSION
4600
II
4607
poena 4354
4611
Admiralty Rules
4631
IV
4644
V
4665
Admiralty Rules of the Second and Ninth Circuits
4724
VII
4771
Forms in Bankruptcy
4784
Partnership petition vy
4797
Creditors petition
4799
Order to show cause upon creditors petition
4800
Subpoena to alleged bankrupt
4801
Order for jury trial
4802
Bond of petitioning creditor
4803
Bond to marshal
4804
Adjudication that debtor is not bankrupt
4805
Appointment oath and report of appraisers
4806
Orders of reference
4807
Order of reference in judges absence
4808
Bond of referee
4809
List of debts proved at first meiting
4810
Appointment of trustee by creditors
4812
Appointment of trustee by referee
4813
Bond of trustee
4814
Order that no trustee be appointed
4815
Examination of bankrupt or witness
4816
Proof of unsecured debt
4817
Proof of secured debt
4818
Proof of debt by partnership
4819
Proof of debt by agent or attorney
4820
Affidavit of lost bill or note
4821
Order reducing claim
4822
List of claims and dividends to be recorded by referee and by him delivered to trustee
4823
Notice of dividend
4824
Petition and order for redemption of property from lien
4825
Petition and order or sale subject to lien
4826
Petition and order for sale of perishable property
4827
Trustees report of exempted property
4828
Account of trustee
4830
Petition for removal of trustee
4831
Order for removal of trustee
4832
Certificate by referee to judge
4833
Specification of grounds of opposition to bankrupts discharge
4835
Petition for meeting to consider composition
4836
Order confirming composition
4837
Order of distribution on composition
4838
Index to General Rules
4839
Tables of Citations
4843
IX
4860
Index 4801
4861
Copyright

Common terms and phrases

Popular passages

Page 4307 - ... for the payment of which, 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.
Page 3599 - 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...
Page 3681 - 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...
Page 4039 - WILLIAMS, being duly sworn, deposes and says, that he is the plaintiff named in the foregoing bill of complaint; that he has read the foregoing complaint and knows the contents thereof, and that the same is true, of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true.
Page 3705 - That 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...
Page 4093 - Bolten, being duly sworn, deposes and says that he is the petitioner or memorialist named iu the foregoing memorial or petition subscribed by him; that he has read the same and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Page 3679 - And excepting also that in any such case as is hereinbefore made final in the circuit court of appeals it shall be competent for the Supreme Court to require, by certiorari or otherwise, any such case to be certified to the Supreme Court for its review and determination with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court.
Page 3679 - An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes.
Page 3613 - Aliens who are citizens or subjects of any government which accords to citizens of the United States the right to prosecute claims against such government in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction.
Page 3610 - Every claim against the United States cognizable by the Court of Claims, shall be forever barred unless the petition setting forth a statement thereof is filed in the court, or transmitted toil by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first accrues...

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