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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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
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 페이지 - 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 페이지 - ... 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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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