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

Roger Foster

Callaghan, 1901

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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
• 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
• 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
• 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

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877 ÆäÀÌÁö - 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.

1121 ÆäÀÌÁö - ... 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...

1158 ÆäÀÌÁö - 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...

1092 ÆäÀÌÁö - 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...

1001 ÆäÀÌÁö - 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...

1332 ÆäÀÌÁö - 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...

1301 ÆäÀÌÁö - 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...

1142 ÆäÀÌÁö - 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...

1356 ÆäÀÌÁö - 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.

1131 ÆäÀÌÁö - 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...

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• Á¦¸ñ: A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages ...; 2±Ç/A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Roger Foster
• ÀúÀÚ: Roger Foster
• ¿¡µð¼Ç: 3
• ¹ßÇàÀÎ: Callaghan, 1901