A Treatise on Federal Practice, Civil and Criminal, Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Suits Upon Claims Against the United States: Proceedings Before the Interstate Commerce Commission and the Federal Trade Commission, Equity Pleading and Practice, Receivers and Injunctions in the State Courts, by Roger Foster, Volume 1

Roger Foster

Callaghan, 1920 - Civil procedure - 5026 pages

Contents

• VOLUME I: 1
• 3a Practice in the original jurisdiction of the Supreme Court: 7
• Jurisdiction of the District courts In general: 13
• Effect of admissions by the defendant upon the value of: 22
• 5a Jurisdiction of suits on contractors bonds: 28
• Value of the matter in dispute In general: 34
• 7 Value of the matter in dispute in action for damages: 42
• Value of the matter in dispute in suits of foreclosure: 48
• Page: 50
• 14 Value of the matter in dispute upon taxpayers bills: 55
• 59 Effect of the custody of property by the State court where: 59
• 17a Value of the matter in dispute in suits on behalf of a class: 63
• 20 Consideration of costs in estimating the value of the matter: 69
• matter in dispute: 71
• 23 Effect of a defense apparent in the plaintiffs pleading upon the value of the matter in dispute: 72
• Suits arising under the Constitution or laws of the United States In general LEIAT: 73
• CHAPTER XIX: 82
• Suits arising under the Constitution of the United States: 84
• Suits arising under treaties of the United States: 97
• Suits where the parties are Federal corporations In general: 98
• National banking associations1 11 07: 101
• 29 Patent and copyright cases: 103
• 30 Trademark cases: 107
• Cases arising under the laws relating to navigable waters: 110
• 32a Cases arising under the Interstate Commerce Law: 111
• Suits on judicial and official bonds: 118
• Suits by and against officers of the United States: 119
• Suits by and against receivers of national banks: 120
• 36 Suits by and against receivers of Federal corporations: 121
• 37 Suits by and against receivers of Federal courts: 122
• Suits by and against trustees in bankruptcy: 123
• 39 Suits arising out of litigation in the Federal courts: 124
• Controversies between citizens of different States In general: 125
• 258h Interventions pro interesse suo 1298: 128
• Parties to the controversy: 130
• 42 Formal parties to the controversy: 139
• Unnecessary parties to the controversy: 150
• Trustees and other representatives: 152
• Controversies to which aliens are parties: 155
• Determination of citizenship of natural persons: 159
• Corporations: 169
• Unincorporated stock companies and associations: 177
• Partnerships: 178
• Ancillary jurisdiction: 180
• 52 Property in the custody of another court of coordinate juris diction In general: 189
• 53 Property covered by insolvent assignments: 198
• Property in the custody of State courts of probate: 199
• Property in the custody of receivers: 206
• 56 Controversies between State sheriffs and United States mar shals and those arising out of attachments garnishee process and executions: 211
• 57 Effect of jurisdiction of another court over same cause of action: 215
• Effect of the custody by another court of the person of an accused in criminal proceedings or otherwise: 218
• RECEIVERS: 221
• Property in the custody of another Federal court of Equity: 223
• 61a Residence in suits by the United States: 242
• Residence in patent cases: 249
• 63 Suits by assignees: 256
• 64 Territorial jurisdiction of the District Courts of the United: 267
• 65 Terms of the District Courts of the United States In general: 274
• 66a Jurisdiction over ceded territory: 338
• 68 Jurisdiction of the Supreme Court of the District of Columbia: 345
• 259a Notice of application for intervention 1309: 348
• 70a Jurisdiction of District Court of the Canal Zone: 351
• CHAPTER XVIII: 356
• 73 Jurisdiction of the United States Court for China: 363
• MOTIONS TO MAKE PLEADINGS MORE DEFINITE AND CERTAIN: 384
• 75 Jurisdiction and practice of the Commerce Court: 385
• 77 Jurisdiction of the Court of Customs Appeals: 393
• 77b Practice and rules of the Interstate Commerce Commission: 466
• TABLE OF CASES: 472
• Page: 482
• ADMIRALTY RULES: 483
• issue 1633: 485
• 77e Evidence and depositions before the Interstate Commerce Com: 493
• 329a Judicial notice 1640: 495
• 77d Enforcement of orders of Interstate Commerce Commission: 502
• 77e Jurisdiction of the Railroad Boards of Labor Adjustment: 508
• 77g Jurisdiction of the United States Board of Mediation and Con: 517
• 77h Jurisdiction and practice of Federal Trade Commission: 524
• 399 Decrees in rem 1973: 532
• 302 When receivers will be appointed 1479: 541
• CHAPTER II: 542
• Supplemental bills in the nature of bills of review 2177: 550
• 79a Who seeks equity must do equity: 556
• 333q Presumptions under the prohibition law 1695: 559
• 81a Equitable jurisdiction to enforce rights created by statutes: 565
• 83 State statutes cannot impair the jurisdiction nor regulate: 574
• 302c Receivers of National Banking Association 1491: 575
• CHAPTER III: 580
• Suits on behalf of idiots lunatics and persons of weak mind: 587
• 95 The United States as a defendant In general: 593
• 96a Suits against the United States for torts and upon implied: 600
• 96d Suits against the United States for money had and received: 606
• 333s Presumptions upon the assessment and collection of duties: 607
• 96h Suits against Collectors of the Ports to recover duties paid: 615
• 96j Suits against telegraph and telephone companies when under: 629
• 98 Suits against the United States for partition: 636
• Dismissal for want of jurisdiction: 644
• 100a Injunctions against collection of Federal taxes: 645
• INJUNCTIONS: 648
• What amendments may be made to bills in equity and declara: 650
• 100c Injunctions against the United States Shipping Board: 651
• 105 Liability of States to suits by private persons: 657
• ABATEMENT REVIVOR AND SUPPLEMENT AT LAW AND: 660
• 305b Practice upon application for such preference 1532: 663
• 105c Injunctions against State officers: 664
• 106 Suits against infants: 673
• 353 Testimony taken after a cause is at issue and beyond the jur: 677
• 111 Parties with no interest in the subjectmatter of the suit: 679
• 365 Demurrers under the former practice 1827 1827: 682
• 112 Persons who on account of their interest need not be made parties to a suit in equity: 683
• Cases where the law has furnished a representative: 691
• Appeal from taxation of costs 2078: 696
• 114 Class suits: 701
• 115 Suits against one or more of a class: 705
• Suits by or against one or more as representatives of a class claiming a common right: 707
• Omission of parties not within the jurisdiction of the court: 710
• Formal parties who may be omitted when without the juris diction: 713
• 119 Parties whose interest is separable: 714
• Parties indispensable to a decree: 724
• When numerous interests have been created for the purpose of preventing the plaintiff from obtaining equitable relief: 734
• 122 When a person consents to the relief sought: 735
• 124 When the interest of an absent person is evidently very small: 736
• Relaxation of rule as to parties in special cases: 737
• 129 Objections for want of parties: 739
• 130 Objections for joinder of improper parties: 742
• CHAPTER V: 744
• 132 Definition and classification of bills: 750
• Provisions common to all bills of review 2188: 751
• 133 Frame of a bill in equity: 752
• Address and caption: 755
• 136 The narrative part of a bill: 762
• Certainty: 766
• Motions to make pleadings more definite and certain 1245: 767
• THE HEARING: 774
• 138 Inconsistency and bills with a double aspect: 775
• 139 Multifariousness or misjoinder In general: 780
• 140 Multifariousness by misjoinder of plaintiffs: 782
• 141 Multifariousness by misjoinder of defendants: 788
• 311 Litigation by receivers 1569: 789
• 142 Multifariousness without misjoinder of parties: 798
• Objections for multifariousness or misjoinder: 801
• General rules of equity pleading: 804
• 262 Definition classification and objects of injunctions 1321: 808
• 145 Stockholders bills: 809
• 312 Duties of receivers 1579: 813
• Bills to enjoin the infringement of patents: 830
• Bills to compel the issue of patents and bills to obtain relief against interfering patents: 848
• Bills to restrain infringements of trademarks and unfair: 852
• Bills to obtain relief against interfering trademarks: 860
• 272 Injunctions to restrain the alienation of property 1356: 863
• Bills in equity under the Interstate Commerce Law: 870
• 151b Suits and proceedings to cancel certificates of citizenship: 885
• 426 Enforcement of decrees and orders In general 2084: 890
• 151d Bills for accountings: 894
• 384 References to masters In general 1871: 897
• 151f Bills to set aside clouds on title: 903
• CHAPTER XVI: 907
• 389c Deductions from profits in patent cases 1897: 909
• The prayer for relief: 913
• 156 Affidavits to bills: 919
• AND IV: 921
• Bills in the nature of interpleader: 926
• Definition and classification of interlocutory applications 1255: 929
• 283a Injunctions to restrain enforcement of warrants of distress 1413: 931
• 162 When a subpoena is necessary: 933
• Costs in patent copyright and trademark cases 2003 2006: 935
• 164c Service upon foreign corporations: 939
• 165 Substituted service of a subpoena: 948
• 166a Cases in which statutory service can be made: 954
• 314 Suits against receivers 1590: 956
• BANKRUPTCY: 957
• 412 Costs upon error and appeal 2010 2013: 965
• Exemptions from service of subpoena or other process legal: 966
• 167b Objections to the service of process: 973
• 369 Bringing a suit to a hearing 1843: 976
• ISSUES AT: 983
• 250 Special motions without notice 1256: 986
• CHAPTER VIII: 987
• CHAPTER IX: 996
• 175 Pleading defenses in answer: 1003
• 258a Intervention in class suits 1285: 1007
• The pendency of another suit: 1009
• 179 Defenses of statutes In general: 1015
• 180f Statute of limitations to claims against the United States: 1022
• CHAPTER XXXVI: 1023
• 1801 Statute of limitations to suits to recover usury: 1029
• 428 Contempts 2096: 1036
• Limitations in the act to prevent trading with the enemy: 1040
• 217 Effect of abatement 1194: 1051
• 181a Suspension of statute of limitations: 1052
• 428a Contempt by publication 2105: 1054
• 185 Defenses of matter in pais: 1058
• 430c Contempt proceedings under Prohibition Law 2140: 1063
• 186 Defense of matter of record or res adjudicata: 1064
• 186e Reciprocal effect as adjudications of judgments of courts: 1070
• 186m Res adjudicata by dismissals and nonsuits: 1077
• 186q Res adjudicata in patent and trade mark cases: 1088
• 186s Res adjudicata against privies: 1094
• 186z Res adjudicata in suits on behalf of a class: 1101
• 189 Proceedings to compel answer: 1116
• 190 Frame of answer: 1117
• Disclaimers: 1123

Popular passages

Page 876 - That the labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof,...

Page 879 - SEC. 4. The several circuit courts of the United States are hereby invested with jurisdiction to prevent and restrain violations of this Act; and it shall be the duty of the several district attorneys of the United States, in their respective districts, under the direction of the Attorney General, to institute proceedings in equity to prevent and restrain such violations.

Page 535 - It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States.

Page 875 - person," or "persons," wherever used in this act shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country.

Page 410 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...

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Page 530 - To require, by general or special orders, corporations engaged in commerce, excepting banks and common carriers subject to the Act to regulate commerce, or any class of them, or any of them respectively, to file with the commission in such form as the commission may prescribe annual or special, or both annual and special, reports or answers in writing...

Page 111 - That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act...

Page 880 - General, to institute proceedings in equity to prevent and restrain such violations. Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited. When the parties complained of shall have been duly notified of such petition the court shall proceed, as soon as may be, to the hearing and determination of the case; and pending such petition and before final decree, the court may at any 'time make such temporary restraining...

Page 27 - Third. Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it...

Bibliographic information

• Title: A Treatise on Federal Practice, Civil and Criminal, Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Suits Upon Claims Against the United States: Proceedings Before the Interstate Commerce Commission and the Federal Trade Commission, Equity ..., Volume 1; 20th-century legal treatises; A Treatise on Federal Practice, Civil and Criminal, Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Suits Upon Claims Against the United States: Proceedings Before the Interstate Commerce Commission and the Federal Trade Commission, Equity Pleading and Practice, Receivers and Injunctions in the State Courts, by Roger Foster, Roger Foster; Making of modern law
• Author: Roger Foster
• Edition: 6
• Publisher: Callaghan, 1920
• Length: 5026 pages