Handbook of Jurisdiction and Procedure in United States Courts

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Contents

The District Court 2324
23
Criminal Jurisdiction of the District Courts 2427
24
Criminal Procedure
28
Place of TrialWarrant of Removal
33
SameProper Place 3438
34
CHAPTER III
39
SameForm of Indictment 4248
42
Section Page 22 Information
49
The Defense 5055
50
The Trial and Its Incidents 5568
55
CHAPTER IV
69
Admiralty
74
Particular Classes of Litigation Including Questions under the Laws Relating to the Slave Trade the Revenue Domestic and Foreign the Postal Laws th...
76
Huohes Fed Pb 2d Ed viil
81
CHAPTER V
83
SamePolicy of the Legislation 8487
84
Constitutionality of Bankrupt Legislation 8790
87
SameEffect of Federal on State Legislation 9091
90
The Bankruptcy Courts 9294
92
PartiesVoluntary Proceedings 9596
95
SameInvoluntary Proceedings 9699
96
Pleadings 99107
99
Acts of BankruptcyDefinition and Enumeration
107
SameIllegal Preferences 109110
109
SameSuffering Preferences by Legal Process 110113
110
SameAssignment as an Act of Bankruptcy 113115
113
SameAdmission of Insolvency in Writing 116117
116
Time of Filing Petition 117118
117
CHAPTER VI
119
The Warrant of Seizure 122124
122
The Appointment of a Receiver 124120
124
The Defense 126128
126
The Right to a Jury 128129
128
The Adjudication
130
The Creditors Meeting 131140
131
The Examination of the Bankrupt 140143
140
CHAPTER VII
144
The Title of the Trustee 145152
145
The Trustees Duties of AdministrationRecordation of Decree of Adjudication
152
SameThe Collection of the Assets 153154
153
SameTrustees Rights against Parties Claiming Ad versely under Alleged Void Transfers etc 154156
154
SameThe Circumstances Avoiding an Alleged Illegal Transfer 157158
157
SameSameInsolvency 158160
158
The Trustees Interest in Insurance Policies
160
The Trustees Interest in Rights of Action
161
The Trustees Duties as to Distribution of the Estate 163165
163
The Trustees Duties as to the Bankrupts Exemptions 165166
165
CHAPTER VIII
167
SameMethod of Opposing 169170
169
SameBurden of Proof 170172
170
Grounds of Opposition to Discharge 17217
172
The Debts Not Affected by a Discharge 178181
178
Revocation of a Discharge 181182
181
CHAPTER IX
183
SameThe Subjects of Jurisdiction 184188
184
SameThe Procedure 188189
188
SameThe Appeal 189190
189
SameThe Proper Appellate Court 190192
190
Suits to Abate Unlawful Inclosures of Public Lands 192193
192
Suits under Immigration Laws 193194
193
Suits against Restraints and Monopolies 194195
194
Claims of Indians for Lands under Treaties
196
Suits under Chinese Exclusion Laws
197
CHAPTER X
198
Writ of Habeas Corpus 202206
202
SameFederal Jurisdiction 206209
206
SameWhen Jurisdiction Exercised 209211
209
SameThe Particular Federal Courts Having Jurisdic tion to Issue 211213
211
SameProcedure on Habeas Corpus 213216
213
Ne Exeat 216217
216
CHAPTER XI
218
SameSameSuits against Defendants of Different
270
CHAPTER XIII
278
SameDevices to Confer Jurisdiction 285290
285
CHAPTER XIV
301
Scope of the Jurisdiction 307308
307
Suits by the United States
319
CHAPTER XV
320
Devices to Prevent Removal 322324
322
Controversies between Citizens of the Same State Claiming Lands under Grants of Different States 325326
325
Controversies between Citizens of a State and Foreign
326
States Citizens or Subjects 326328
327
Parties Entitled to Remove 328329
328
Separable Controversies 329338
329
Removal on Ground of Prejudice or Local Influence 338343
338
Removal because of State Denial of Equal Civil Rights 343346
343
Removal of Suits against Officers or Persons Enforcing the Internal Revenue Laws 346350
346
CHAPTER XVI
351
Place to File Petition 356357
356
Proper Averments in the Petition 357364
357
The Removal Bond 364365
364
Time of Filing Petition 365371
365
Steps at Filing of Petition 371374
371
Filing and Subsequent Procedure in Federal Court 375379
375
Motion to Remand 380381
380
CHAPTER XVII
382
Section Page 135 Distinction between Law and Equity 389390
389
Procedure in Courts of Law 391392 t 137 SameProcess 392394
392
SameAttachments 394395
394
SameAppearances
396
SamePleading 397390
397
SameContinuances 399400
399
SameTrial 400402
400
SameSameEvidence 402404
402
SameSameInstructions to Jury 404407
404
SameSameBill of Exceptions 407110
407
SameSameVerdict 410411
410
SameMotion for New Trial 411112
411
SameMotion in Arrest of Judgment
412
15L SameExecution 41517
415
CHAPTER XIX
418
Regulated 420423
420
SamePleadingGeneral Requisites of the Bill 423426
423
SameSameInjunction Bills 426429
426
SameSameJudges Who may Issue Injunctions 429430
429
SameSameInjunctions to State Courts 430131
430
SameSameInjunctions to State Officials or Boards 431433
431
SameThe Process 434436
434
SameDefaults 436438
436
SameThe DefenseMotions 439443
439
SameSameJoinder of Issue on 446448
446
References 452157
452
The DecreeForm of
458
CHAPTER XXI
466
Jurisdiction of the Circuit Court of Appeals 471173
473
SameInstances of the Jurisdiction 479488
479
SameCases in which the Decision of the Circuit
488
CHAPTER XXII
494
Appeals from the Circuit Courts of Appeals 514524
514
Appeals from Territorial Courts
525
Section Page
527
SameHow a Federal Question must be Raised
537
CHAPTER XXIII
544
SameAppeal 558562
558
Review by the Circuit Court of Appeals 574577
574
APPENDIX
581
RULES OF PRACTICE FOR THE COURTS OF EQUITY OF
601
THE JUDICIAL CODE
623
THE COMMERCE COURT
630
Page 701
701
INDEX
739
Copyright

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Common terms and phrases

Popular passages

Page 149 - ... or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Page 688 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Page 539 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Page 609 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 158 - ... 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.
Page 149 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 155 - Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, sub-division b, and section sixty-seven, subdivision e.
Page 533 - 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...
Page 174 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors...
Page 551 - An act to codify, revise, and amend the laws relating to the judiciary...

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