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, Volumen1

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Callaghan, 1920 - 5026 páginas

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Motions to make pleadings more definite and certain 1245
38
U S Revised Statutes
40
Abatement 1187
41
Value of the matter in dispute in action for damages
42
Value of the matter in dispute in suits of foreclosure
48
Page
50
274a Injunctions to enforce prohibition of use of intoxicating
52
Value of the matter in dispute upon taxpayers bills
55
17a Value of the matter in dispute in suits on behalf of a class
63
Consideration of costs in estimating the value of the matter
69
Effect of admissions by the defendant upon the value of the matter in dispute
71
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 generalsIAT
73
Injunctions authorized by statute 1413
75
258h Interventions pro interesse suo 1298
76
Provisions common to all bills of review 2188
79
CHAPTER XVI
82
384
83
Suits arising under the Constitution of the United States
84
385
94
Suits arising under treaties of the United States
97
Suits where the parties are Federal corporations In general
98
National banking associations
101
Patent and copyright cases
103
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 Federal corporations
121
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
Parties to the controversy
130
Equity Rules
138
42 Formal parties to the controversy
139
283d Injunctions to regulate coal mining or the operation of coal
140
Dismissal for want of jurisdiction 1817
148
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
301 Definition of receiver 1479
163
Corporations
169
Unincorporated stock companies and associations
177
Partnerships
178
51 Ancillary jurisdiction
180
Property in the custody of another court of coordinate juris diction In general
189
Decrees in
194
53 Property covered by insolvent assignments
198
Property in the custody of State courts of probate
199
400
205
Property in the custody of receivers
206
305b Practice upon application for such preference 1532
210
Controversies between State sheriffs and United States mar shals and those arising out of attachments garnishee process and executions
211
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
Effect of the custody of property by the State court where
220
Limitations upon jurisdiction by residence Statutory provi
226
61a Residence in suits by the United States
242
Residence in patent cases
249
Suits by assignees
256
Definition classification and objects of injunctions 1321
264
Territorial jurisdiction of the District Courts of the United
267
Specific territorial jurisdiction and terms of the different Dis
276
ADMIRALTY AND SEIZURES
286
283e Injunctions to protect political rights 1416
291
Definition and classification of interlocutory applications 1255
298
Special motions without notice 1256
312
66a Jurisdiction over ceded territory
338
Jurisdiction of the Supreme Court of the District of Columbia
345
321a Selection and compensation of receivers counsel 1618
347
70a Jurisdiction of District Court of the Canal Zone
351
CHAPTER XXI
356
Jurisdiction of the United States Court for China
363
Motions to dismiss because the complaint shows no cause
364
FORMS IN CRIMINAL PROCEDURE
366
387
387
Jurisdiction of the Court of Customs Appeals
393
Injunctions to stay proceedings in other courts In general 1334
433
Evidence In general 1640
456
77b Practice and rules of the Interstate Commerce Commission
466
388
483
77c Evidence and depositions before the Interstate Commerce Com
493
877d 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
Judges who may grant orders 1277
521
Supreme Court Rules
522
77h Jurisdiction and practice of Federal Trade Commission
524
INDEX
541
CHAPTER II
542
79a Who seeks equity must do equity
556
81a Equitable jurisdiction to enforce rights created by statutes
565
State statutes cannot impair the jurisdiction nor regulate the 1
574
CHAPTER III
580
Appeal from taxation of costs 2078
585
Suits on behalf of idiots lunatics and persons of weak mind
587
The United States as a defendant In general
593
CHAPTER XXVIII
597
CHAPTER XXXV
599
96a Suits against the United States for torts and upon implied
600
105c Injunctions against State officers
664
Suits against infants
673
Parties with no interest in the subjectmatter of the suit
679
Demurrers under the former practice 1827
682
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
Discharge of a receiver 1626
694
Class suits
701
258a Intervention in class suits 1285
703
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
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
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
Objections for want of parties
739
Objections for joinder of improper parties
742
CHAPTER V
744
Definition and classification of bills
750
Manner of revivor upon appeal or error 1211
751
Frame of a bill in equity
752
Address and caption
755
The narrative part of a bill
762
Certainty
766
Inconsistency and bills with a double aspect
775
Multifariousness or misjoinder In general
780
Classification of demurrers 1832
781
Multifariousness by misjoinder of plaintiffs
782
Multifariousness by misjoinder of defendants
788
Multifariousness without misjoinder of parties
798
Objections for multifariousness or misjoinder
801
General rules of equity pleading
804
Stockholders bills
809
Costs at common
827
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
Injunctions to restrain the alienation of property 1356
863
Bills in equity under the Interstate Commerce Law
870
329a Judicial notice 1640
879
408a Costs in criminal proceedings
883
151b Suits and proceedings to cancel certificates of citizenship
885
Enforcement of decrees and orders In general 2084
890
151d Bills for accountings
894
388a Instructions to masters
897
151f Bills to set aside clouds on title
903
CHAPTER XXIII
907
Costs in equity
908
389d Interest upon profits
909
The prayer for relief
913
THE HEARING
916
Affidavits to bills
919
Bills in the nature of interpleader
926
CHAPTER XXIV
929
When a subpoena is necessary
933
164c Service upon foreign corporations
939
Substituted service of a subpoena
948
Admissions 1647
951
428 Contempts 2096
953
166a Cases in which statutory service can be made
954
Exemptions from service of subpoena or other process legal
966
428b Perjury as a contempt 2111
969
167b Objections to the service of process
973
Definition of an appearance
976
Definition and use of an affidavit 1709
979
Effect of an appearance
982
413
985
SUPREME COURT RULES
987
Practice in taking a bill pro confesso
990
CHAPTER IX
996
Competency of witnesses in civil cases 1714
1001
Pleading defenses in answer
1003
The pendency of another suit
1009
415
1010
179 Defenses of statutes In general
1015
Inspection at common law 1768
1017
416a Attorneys fees under AntiTrust and Interstate Commerce
1018
180f Statute of limitations to claims against the United States
1022
Evidence of official correspondence 1682
1023
389f Appointment of liability between infringers
1026
Statute of limitations to suits to recover usury
1029
390
1032
430c Contempt proceedings under Prohibition Law 2140
1039
Limitations in the act to prevent trading with the enemy
1040
Testimony taken after a cause is at issue and beyond the jur
1043
181a Suspension of statute of limitations
1052
Defenses of matter in pais
1058
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
420
1109
Proceedings to compel answer
1116
Frame of answer
1117
Disclaimers
1123
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