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

Front Cover
Callaghan, 1901 - Courts
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Contents

State laws creating new rights are enforced by Federal courts
15
General Orders in Bankruptcy 1489
24
Property in the custody of another Federal court
25
Illustrations of cases where the Federal courts have refused
32
Federal courts which have jurisdiction in equity
39
CHAPTER XVL INJUNCTIONS
40
Parties 1065
42
Value of the matter in dispute
49
Separable controversies 920
56
Suits arising under the Constitution or laws of the United
57
Jurisdiction in bankruptcy of the Circuit Courts 1151
62
Controversy between citizens of different States
63
Form
64
20 Under grants of different States
70
Limitations upon jurisdiction by residence
75
Special limitation upon jurisdiction of Circuit Court for South ern District of New York
81
Petition and order for sale by auction of real estate 1526
84
Jurisdiction of the District Courts of the United States
86
Territorial jurisdiction and terms of the Supreme Court Cir
88
cuit Courts of Appeal Circuit and District Courts of the United States
89
Page
98
Sources of Federal equity practice
120
CHAPTER IL
122
32 Suits on behalf of infants
123
Suits on behalf of idiots lunatics and persons of weak mind
125
Capacity of foreign executors administrators and receivers to sue
126
Who may be defendants to a bill in equity
127
The United States as a defendant
129
Liability of States to suits by private persons
135
Liability of a State to a suit by another State
143
Suits against infants
144
Suits against idiots lunatics and persons of weak mind
146
41 Suits against married women
147
CHAPTER IIL PARTIES 42 General rule as to parties
148
Parties with no interest in the subjectmatter of the suit
149
Persons who on account of their interest need not be made parties to a suit in equity
150
Cases where the law has furnished a representative 15
155
Oath of final account of trustee 1529
157
Suits by a complainant on behalf of himself and others sim ilarly situated
161
Illustrations of bills filed by representatives
163
48 Suits against one or more of a class
164
Suits by or against one or more as representatives of a class claiming a common right
165
Omission of defendants not within the jurisdiction of the court
167
Formal parties who may be omitted when without the juris diction
170
53 Parties indispensable to a decree
174
When numerous interests have been created for the purpose of preventing the plaintiff from obtaining equitable relief
180
When the plaintiff waives his right against a person
181
When the right of administration is in dispute
182
Restatement of the rules as to parties
183
Objection for want of parties
184
Objection for joinder of improper parties
185
CHAPTER IV
188
64 Definition and classification of bills
190
CHAPTER XIIL CROSSBILLS Pape
191
Frame of a bill in equity
192
The narrative part of a bill
195
Scandal and impertinence
196
Certainty
198
Inconsistency and bills with a double aspect
202
Multifariousness in general
205
Multifariousness by misjoinder of plaintiffs
207
73 Multifariousness by misjoinder of defendants
210
74 Multifariousness without misjoinder of parties
215
Objections to multifariousness
218
Special provisions of the Federal equity rules and practice
219
Bills to enjoin the infringement of patents
222
78 General rules of equity pleading
227
The common confederacy clause
230
The charging part
231
410 Exceptions Amendments 978
232
8a The prayer for relief
233
Waivers and offers
235
85 The prayer of process
239
86 The signature to a bilL
240
Bills of interpleader
241
Bills in the nature of interpleader
245
CHAPTER V
247
92 Issue of the subpoena
249
When a subpoena is necessary
250
Service upon corporations
254
Substituted service of a subpoena
259
Statutory service of a subpoena
260
Exemptions from service of subpoena or other process legal or equitable other than arrest
266
CHAPTER VL
269
101 Effect of an appearance
271
When an appearance must be made
273
CHAPTER VIL TAKING BILLS PRO CONFESSO 103 When a bill may be taken pro confesso
274
Practice in taking a bill pro confesso
276
Evidence Depositions 982
278
CHAPTER VIH DEMURRERS 105 Definition and general characteristics of a demurrer
281
Admissions by a demurrer
282
Demurrers to parts of bills
285
Classification of demurrers to the relief
287
Sales 984
288
109 Demurrers to the discovery
290
Of what defects advantage should be taken by demurrer
291
When a demurrer should be filed
292
Protestation 8
293
Demurrers ore tenus
295
117 Prayer of judgment
296
lia Certificate of counsel
297
120 Setting demurrer down for argument
298
122 Overruling a demurrer
299
Sustaining a demurrer 801
301
CHAPTER IX
303
125 Pleas in abatement in general
305
126 Pleas to the jurisdiction
307
Pleas to the bill 808
308
129 Pleas of pendency of another suit 809
309
? 13tt Pleas of want of parties 812
312
Assignment of errors 989
322
S 13i Pleas of matter in pais 823
324
13a Motion to take a plea off the file
330
General remarks upon pleas 836
336
Impertinence and scandal 842
342
Proceedings to compel answer 848
348
Limitation of liability Petition 993
349
15T Supplemental answers 855
355
CHAPTER
363
Amendment by pleading matters subsequent to the filing
370
Definition and origin of crossbills
377
When a crossbill should not be filed
380
Frame of a crossbill 884
384
891 Practice after removal 953
385
Proceedings upon crossbills
387
CHAPTER XIV
391
175 Effect of abatement
393
When a suit may be revived and effect of revivor
395
Who may revive a suit
396
178 Manner of revivor in general
397
Definition of bills of revivor and parties to the same
398
Frame of a bill of revivor 899
399
Proceedings upon bills of revivor
400
Bills in the nature of bills of revivor in general
403
Frame of bills in the nature of bills of revivor and proceedings upon them
405
Bills of revivor and supplement
406
What renders a suit defective
407
Supplemental bills
408
Attorneys and clerk 1074
426
19a Argument of motions
427
199 Petitions in general
429
Petitions for leave to sue in forma pauperis at common law and in equity
431
201 Petitions of intervention
434
la Practice upon interventions
440
Form of petitions and practice upon them
446
Orders
447
Preparation for appeals 1077
449
Judges who may grant orders
450
Definition classification and objects of injunctions
452
Injunctions to restrain corporations from violating their char ters
453
Injunctions to enforce the specific performance of covenants and other contracts affecting land
455
Injunctions to restrain a multiplicity of suits
456
Injunctions to prevent irreparable injury for which the remedy at law is inadequate in general
457
21L Injunctions to stay proceedings in other courts
458
Proceedings on seizures 995
462
Injunctions to restrain the alienation of property
463
213 Injunctions to prevent waste
464
Injunctions to prevent the continuance of a nuisance
465
Injunctions to restrain trespass
467
Injunctions to restrain the infringement of patents
470
Injunctions to restrain the unlawful use of trademarks
477
Injunctions to prevent the opening of letters
479
Injunctions to compel the delivery of personal property tor tiously withheld
480
When injunctions will not issue
482
224 Distinction between the judicial writ and the writ remedial
486
Distinction between mandatory and prohibitory injunctions
487
Distinction between provisional and perpetual injunctions
488
Distinction between common and special injunctions
489
Injunctions not prayed for in the bill
490
Special practice of the Federal courts in the issue of injunc tions
491
23L Notice of application for interlocutory injunction
495
Affidavits upon an application for an injunction
496
Writs of error and appeals in general 1160
497
The writ of injunction
500
Dissolution and modification of interlocutory injunctions
502
The imposition of terms upon the issue denial dissolution or continuance of an injunction
506
Perpetual injunctions
509
Appeals from injunction orders
511
CHAPTER XVIL RECEIVERs
513
Definition of receiver
514
Acts of bankruptcy 1090
515
Rules regulating the appointment of receivers
520
Ancillary receivers
521
Terms upon the appointment of receivers and preferences in foreclosure suits
524
Property over which receivers may be appointed
536
Powers of receivers in general
538
Powers of receivers of railroads
541
Receivers certificates
548
Advice to receivers
549
Litigation by receivers
550
Duties of receivers
556
Liability of a receiver
558
Petition for meeting to consider composition 1533
560
Manner of applying for the appointment of a receiver
564
Who may apply for the appointment of a receiver
567
The receivers security
570
Receivers8 accounts
572
Compensation of receivers
573
Removal of receivers
575
Discharge of a receiver
576
THE WRIT OF NE EXEAT REPUBLIa 261 Definition of the writ of ne exeat republica and when it will issue
579
Against whom the writ will issue
580
Practice in obtaining the writ of ne exeat
581
CHAPTER XIX
585
Admissions
587
Constructive admissions
589
Documentary evidence in general 690
590
Federal statutes regulating admission of documentary evi dence
593
Definition and use of an affidavit
608
Manner of verifying an affidavit
609
Form of an affidavit 010
610
Execution of an affidavit
611
Competency of witnesses
612
Subpoenas ad testificandum
617
Service of a subpoena ad testificandum
618
Compelling a witness to testify
621
Testimony taken in equity which may be used in other courts
622
Bills to take testimony de bene esse
625
Testimony taken before a cause is at issue 028
628
Testimony taken within the jurisdiction of the court after a cause is at issue
629
Testimony taken after a cause is at issue and beyond the juris diction of the court
634
Form of deposition under acts of Congress
641
Commission issued under a dedimus potestatem
644
Proceedings under a dedimus potestatem
647
29a Letters rogatory
650
CHAPTER XX
655
Dismissal of bills for want of prosecution
657
Dismissal for want of jurisdiction
658
Remand 962
659
Dismissal for failure to perfect or revive a suit
661
CHAPTER XXL THE HEARING 296 Bringing a suit to a hearing
664
Manner of hearing a cause
665
Rules of decision upon a hearing
666
Objections which cannot be made at the hearing
668
Action of the court upon a hearing
670
CHAPTER XXIL ISSUES AT LAW 30L Power of courts to direct issues at law
672
Matters concerning which an issue is directed
673
Time when an issue is directed
674
Manner of trying an issue
675
Effect of the finding of a jury upon an issue
676
Proceedings after the trial of an issue
678
CHAPTER XXIIL PROCEEDINGS IN A MASTERS OFFICE 307 References to masters in general
679
Who may be appointed master
680
Bringing on a reference
681
Parties entitled to attend a reference before a master
682
31L Proceedings before a master in general
683
A state of facts 68
685
Evidence before a master
686
Masters reports and compensation
687
Order of reference in judges absence 1515
697
CHAPTER XXIV
702
Value of the matter in dispute upon writs of error and appeals 1209
703
Decrees in the nature of decrees nisi
711
CHAPTER XXV
718
CHAPTER XXXL COURT OF CLAIMS S 440 Organization of Court of Claims 999
722
32a Classification of costs
724
5ia Mandate 1290
729
INDEX 1535
732
PRACTICE IN ADMIRALTY
735
Petitions in bankruptcy 1094
736
Marshals fees
738
Cases in which the res cannot be arrested 970
741
Witnesses fees
744
XXXVIL Writ of mandamus 1844
749
Process and notices to creditors 1098
750
Costs out of the fund
751
Enforcement of decrees and orders in general
757
Evidence 1111
758
XXXIIL Order for transfer to trustee 1370
760
Notice of application for attachment
765
Sequestration
772
CORRECTION OF DECREE OTHERWISE THAN BY APPEAL
778
Supplemental bills in the nature of bills of review
786
Bills in the nature of bills of review
795
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Common terms and phrases

Popular passages

Page 129 - Claims shall have jurisdiction to hear and determine "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, expressed or implied, with the Government of the United States...
Page 339 - Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth.
Page 44 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 45 - Of all suits at law or in equity authorized by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom, or usage of any State, of any right, privilege, or immunity, secured by the Constitution of the United States...
Page 616 - Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.
Page 220 - Every bill brought by one or more stockholders in a corporation, against the corporation and other parties, founded on rights which may properly be asserted by the corporation, must be verified by oath, and must contain an allegation that the plaintiff was a shareholder at the time of the transaction of which he complains, or that his share had devolved on him since by operation of law...
Page 581 - States, or in any of the courts of a particular state, or by any judge or justice therein, respectively, whereby the person of any ambassador or other public minister of any foreign prince or state, authorized and received as such by the President of the United States...
Page 470 - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable...
Page 616 - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a judicial proceeding in this or any foreign country, shall be given in evidence, or in any manner used against him or his property or estate, in any court of the United States, in any criminal proceeding, or for the enforcement of any penalty or forfeiture...
Page 561 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...

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