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

Roger Foster

Callaghan, 1901

Isi

• VOLUME II: 801
• Writs and process in general: 808
• S 363a Jurisdiction of the Supreme Court of the District of Columbia: 820
• 365 Writs of certiorari: 828
• Page: 834
• 366a Suspension of writ of habeas corpus: 839
• 368a Writs of quo warranto: 851
• Arrests: 859
• Abatement and revivor: 867
• Rules of decision at common law: 876
• New trials: 885
• Judgments: 895
• Condemnation proceedings: 905
• Separable controversies: 920
• Practice on removal in general: 926
• 385a Petition for removal: 927
• Page: 930
• 385b Bond on removal: 931
• Proceedings in State court on removal not dependent on preju dice or local influence: 933
• 385d Time of removal not dependent on prejudice or local influence: 935
• 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: 944
• Practice on removal of suits against revenue officers and offi cers of either House of Congress: 947
• Practice on removal of cases arising under the civil rights laws: 949
• Filing of record: 950
• Practice after removal: 953
• Effect of removal: 960
• Remand: 962
• CHAPTER XXX: 966
• Security for libelants costs: 968
• Parties: 969
• Process in rem: 970
• Process in personam: 971
• Return of process and defaults: 972
• Release of property from custody of marshal Claim: 973
• Security for defendants costs: 974
• 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
• Appeals when and how taken: 987
• Bond on appeal: 988
• Assignment of errors: 989
• New proofs on appeal: 990
• S431 Practice upon appeals to the Supreme Court: 991
• Mandamus: 992
• Limitation of liability Petition: 993
• Same Proof of claims: 994
• 438 Proceedings on seizures: 995
• Proceedings in prize causes: 996
• CHAPTER XXXI: 999
• Jurisdiction of Court of Claims: 1001
• Statutes concerning decisions on jurisdiction of Court of Claims: 1010
• 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
• Evidence before the Court of Claims: 1031
• Motions and notices in Court of Claims: 1041
• Abatement and revivor: 1042
• Discontinuance and withdrawal of papers: 1043
• References by Court of Claims 1016: 1046
• New trials: 1047
• Judgments in Court of Claims: 1050
• Costs in 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
• 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
• Preparation for appeals: 1077
• Appeals: 1079
• CHAPTER XXXIII: 1081
• 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
• Meetings of creditors and appointments of trustees: 1114
• Qualifications duties and powers of trustees: 1117
• 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
• Certification to the Supreme Court by the Circuit Courts of Appeals: 1175
• 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
• Writs of error from and appeals to the Circuit Courts: 1196
• 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
• Parties to writs of error and appeals: 1216
• Time within which writs of error and appeals must be taken: 1223
• Writs of error: 1228
• Appeals: 1235
• 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 1207: 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 Form Page 1 Bill in equity in patent case: 1301
• Demurrer: 1305
• Plea: 1306
• Answer: 1307
• Bill of revivor: 1309
• Notice to take testimony in equity: 1311
• Notice of deposition under Revised Statutes: 1312
• Order for dedimus potestatem: 1313
• Letters rogatory: 1314
• Masters warrant or summons: 1315
• Notice accompanying draft of masters report: 1316
• Stipulation for reference of action at common law: 1317
• Order adjudging party guilty of contempt: 1318
• Petition for removal from a State court to a Circuit Court of the United States: 1319
• Bond on removal: 1320
• Final record in equity: 1321
• Bill of exceptions: 1322
• Appeal and allowance: 1326
• Citation and appeal: 1327
• Writ of error from Supreme Court to Circuit Court: 1328
• Writ of error from Circuit Court of Appeals to Circuit Court: 1329
• Certificate by clerk to transcript: 1330
• Citation to Circuit Court of Appeals on writ of error: 1331
• Writ of error to State court: 1332
• Assignment of errors: 1333
• Petition for writ of certiorari to Circuit Court of Appeals: 1334
• Motion to dismiss or to affirm: 1342
• Writ of mandamus: 1344
• ADMIRALTY FORMS Form Page I Libel in rem: 1345
• Interrogatories annexed to libel: 1349
• Stipulation for libelants costs: 1353
• Claim of owner: 1354
• Stipulation for claimants costs: 1355
• Stipulation for value: 1356
• Order appointing appraisers: 1357
• Oath of appraisers: 1358
• Petition to bring in vessel under Supreme Court Rule 59: 1360
• Interlocutory decree and default in admiralty: 1361
• Interlocutory decree in admiralty: 1362
• Final decree in admiralty: 1363
• Final decree in admiralty for summary judgment ou bond to marshal: 1364
• Final decree and order of sale in admiralty: 1365
• XXVIIL Petition of appeal: 1366
• Mandate in admiralty: 1367
• Libel or petition for limitation of liability: 1368
• Order for transfer to trustee: 1370
• Transfer to trustee: 1371
• Order for monition: 1372
• Monition: 1373
• XXXVIL Final decree in proceedings for limitation of liability in admiralty: 1374
• RECENT IMPORTANT STATUTES Judiciary Act of 1875 as amended in 1887 and 1888: 1378
• Unamended sections of Judiciary Act of March 3 1875: 1382
• Evarts Act creating Circuit Courts of Appeal: 1384
• Act extending jurisdiction of Circuit Court of Appeals for Eighth District to certain writs of error and appeals from the United States Court in the Indi...: 1389
• EQUITY RULES: 1390
• 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

Bagian yang populer

Halaman 877 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.

Halaman 1121 - ... property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...

Halaman 1158 - Act read in its essential parts as follows: (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...

Halaman 1092 - States as a holiday or as a day of public fasting or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts...

Halaman 1001 - 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, express or implied, with the Government of the United 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...

Halaman 1332 - 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...

Halaman 1301 - Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country before his invention or discovery thereof...

Halaman 1142 - The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt...

Halaman 1356 - For which Payment 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.

Halaman 1131 - The court shall order the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, district, or municipality in advance of the payment of dividends to creditors...

Informasi bibliografi

• 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