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 1 (Google eBook)

Front Cover
Callaghan & company, 1920 - Courts - 5026 pages
0 Reviews
  

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Value of the matter in dispute in action for damages
42
Value of the matter in dispute in suits of foreclosure
48
ABATEMENT REVIVOR AND SUPPLEMENT AT LAW AND
49
Page
50
274a Injunctions to enforce prohibition of use of intoxicating
52
Value of the matter in dispute upon creditors bills
57
17a Value of the matter in dispute in suits on behalf of a class
63
Consideration of costs in estimating the value of the matter
69
Effect of admissions by the defendant upon the value of the matter in dispute
71
Effect of a defense apparent in the plaintiffs pleading upon the value of the matter in dispute
72
Injunctions authorized by statute 1413
75
449 Provisions common to all bills of review 2188
79
j jjV
82
Suits arising under the Constitution of the United States
84
Suits arising under treaties of the United States
97
27 Suits where the parties are Federal corporations In general
98
National banking association I i 1
101
Patent and copyright cases
103
Trademark cases i i U
107
Cases arising under the laws relating to navigable waters
110
32a Cases arising under the Interstate Commerce Law
111
Suits on judicial and official bonds
118
34 Suits by and against officers of the United States
119
Suits by and against receivers of national banks
120
36 Suits by and against receivers of Federal corporations
121
122
122
38 Suits by and against trustees in bankruptcy
123
39 Suits arising out of litigation in the Federal courts
124
Controversies between citizens of different States In general
125
258b Interventions pro intcresse uo 1298
128
41 Parties to the controversy V
130
i Wl
139
283d Injunctions to regulate coal mining or the operation of coal
140
Dismissal for want of jurisdiction 1817
148
Unnecessary parties to the controversy
150
Trustees and other representatives
152
Definition of receiver 1479
163
fr VM
169
48 Unincorporated stock companies and associations
177
49 Partnerships rjv
178
51 Ancillary jursdictipn r n
180
Property in the custody of another court of coordinate juris diction In general
189
53 Property covered by insolvent assignments
198
54 Property in the custody of State courts of probate
199
55 Property in the custody of receivers
206
305b Practice upon application for such preference 1532
210
Controversies between State sheriffs and United States mar shals and those arising out of attachments garnishee process and executions
211
Effect of jurisdiction of another court over same cause of action
215
Effect of the custody by another court of the person of an accused in criminal proceedings or otherwise
218
Effect of the custody of property by the State court where
220
61a Residence in suits by the United States
242
62a Waiver of objections as to residence
254
Territorial jurisdiction of the District Courts of the United
267
Specific territorial jurisdiction and terms of the different Dis
276
ADMIRALTY AND SEIZURES
286
283e Injunctions to protect political rights 1416
291
247 Definition and classification of interlocutory applications 1255
298
250 Special motions without notice 1256
312
66a Jurisdiction over ceded territory
338
Jurisdiction of the Supreme Court of the District of Columbia
345
259a Notice of application for intervention 1309
348
70a Jurisdiction of District Court of the Canal Zone
351
CHAPTER XVIII
356
Jurisdiction of the United States Court for China
363
Motions to dismiss because the complaint shows no cause
364
References to masters In general 1871
376
Jurisdiction of the Court of Customs Appeals
393
A state of facts and claim 1921
397
77b Practice and rules of the Interstate Commerce Commission
466
77c Evidence and depositions before the Interstate Commerce Com
493
Admissions 1647
495
77d Enforcement of orders of Interstate Commerce Commission
502
77e Jurisdiction of the Railroad Boards of Labor Adjustment
508
77g Jurisdiction of the United States Board of Mediation and Con
517
Judges who may grant orders 1277
523
77h Jurisdiction and practice of Federal Trade Commission
524
332a Proof of handwriting 1655
530
INDEX
541
CHAPTER II
542
Liability of the United States to suits for the recovery
598
CHAPTER XXXV
599
96d Suits against the United States for money had and received
606
S 333s Presumptions upon the assessment and collection of duties
607
96h Suits against Collectors of the Ports to recover duties paid
615
408 Costs at common law 1992
618
96j Suits against telegraph and telephone companies when under
629
Suits against the United States for partition
636
100a Injunctions against collection of Federal taxes
645
100c Injunctions against the United States Shipping Board
651
Liability of States to suits by private persons
657
333i Evidence of official correspondence 1682
663
105c Injunctions against State officers
664
Suits against infants
673
111 Parties with no interest in the subjectmatter of the suit
679
Demurrers under the former practice 1827
682
Persons who on account of their interest need not be made
683
Cases where the law has furnished a representative
691
Class suits
701
258a Intervention in class suits 1285
703
Suits by or against one or more as representatives of a class
707
Formal parties who may be omitted when without the juris
713
Parties indispensable to a decree
724
122 When a person consents to the relief sought
735
CHAPTER V
744
Frame of a bill in equity
752
The narrative part of a bill
762
Multifariousness or misjoinder In general
780
Classification of demurrers 1832
781
Multifariousness without misjoinder of parties
798
General rules of equity pleading
804
Bills to enjoin the infringement of patents
830
Bills to restrain infringements of trademarks and unfair
852
Bills to obtain relief against interfering trademarks
860
Injunctions to restrain the alienation of property 1356
863
151a Bills under the AntiTrust Laws
875
408a Costs in criminal proceedings 1997
883
151b Suits and proceedings to cancel certificates of citizenship
885
151d BiHs for accountings
894
151f Bills to set aside clouds on title
903
CHAPTER XXIII
907
154 The prayer for relief
913
THE HEARING
916
Affidavits to bills
919
158 Bills in the nature of interpleader
926
CHAPTER XXIV
929
162 When a subpoena is necessary
933
410 Costs in patent copyright and trademark cases 2003
935
164c Service upon foreign corporations
939
Final and interlocutory decrees 1968
940
165 Substituted service of a subpoena
948
1428 Contempts 2096
953
166a Cases in which statutory service can be made
954
Costs upon error and appeal 2010
965
Exemptions from service of subpoena or other process legal
966
428b Perjury as a contempt 2111
969
167b Objections to the service of process
973
Definition and use of an affidavit 1709
979
CHAPTER VIII
987
CHAPTER IX
996
339b Statutory immunity and its effect 1729
1003
180a Statute of limitations to applications for patents
1016
180f Statute of limitations to claims against the United States
1022
180ni Statute of limitations to suits for penalties or forfeitures
1030
430c Contempt proceedings under Prohibition Law 2140
1039
180o Limitations in the act to prevent trading with the enemy
1040
181a Suspension of statute of limitations
1052
185 Defenses of matter in pais
1058
186a Res adjudicata by judgments of alien courts
1065
186f Res adjudicata by extraterritorial proceedings
1071
186m Res adjudicata by dismissals and nonsuits
1077
186q Reg adjudicata in patent and trade mark cases
1088
is 186s Ren adjudicata against privies
1094
186z Res adjudicata in suits on behalf of a class
1101
Proceedings to compel answer
1116
Frame of answer
1117
196 Disclaimers
1123
Copyright

Common terms and phrases

Popular passages

Page 876 - That the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof,...
Page 879 - SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this Act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.
Page 535 - It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.
Page 875 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.
Page 410 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 412 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 530 - To require, by general or special orders, corporations engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, or any class of them, or any of them respectively, to file with the commission in such form as the commission may prescribe annual or special, or both annual and special, reports or answers in writing...
Page 111 - That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act...
Page 880 - General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any 'time make such temporary restraining...
Page 27 - Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it...

Bibliographic information