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, Opseg 1

Naslovnica
Callaghan, 1920 - Broj stranica: 5026
 

Sadržaj

Abatement 1187
41
Value of the matter in dispute in action for damages
42
Value of the matter in dispute in suits for injunctions
50
274a Injunctions to enforce prohibition of use of intoxicating
52
Value of the matter in dispute upon creditors bills
57
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
71
Effect of abatement 1194
72
Injunctions authorized by statute 1413
75
258h Interventions pro interesse suo 1298
76
449 Provisions common to all bills of review 2188
79
Suits arising under the Constitution or laws of the United
82
Suits arising under treaties of the United States
97
Judicial Code
101
Patent and copyright cases
105
32a Cases arising under the Interstate Commerce
111
Suits on judicial and official bonds
118
Suits arising out of litigation in the Federal courts
124
Parties to the controversy
131
Equity Rules
138
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
Controversies to which aliens are parties
157
Definition of receiver 1479
163
Corporations
171
Under grants of different States
179
218 When a suit may be revived 1196
180
Property in the custody of another court of coordinate juris
189
Decrees in rem 1973
194
Property covered by insolvent assignments
198
Property in the custody of receivers
206
305b Practice upon application for such preference 1532
210
Effect of jurisdiction of another court over same cause of action
215
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
Terms of the District Courts of the United States In general
274
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
Definition of the writ of ne exeat republica and when it will
326
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
73 Jurisdiction of the United States Court for China
363
Motions to dismiss because the complaint shows no cause
364
FORMS IN CRIMINAL PROCEDURE
366
384 References to masters In general 1871
376
75 Jurisdiction and practice of the Commerce Court
385
Jurisdiction of the Court of Customs Appeals
393
A state of facts and claim 1921
397
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
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
Judges who may grant orders 1277
521
Supreme Court Rules
522
77h Jurisdiction and practice of Federal Trade Commission
524
Absolute and conditional decrees 1974
532
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
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
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
Costs at common law 1992
618
96j Suits against telegraph and telephone companies when under
629
Suits against the United States for partition
636
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
709
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
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
136 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
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
151 Bills in equity under the Interstate Commerce Law
870
329a Judicial notice 1640
879
408a Costs in criminal proceedings 1997
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
151f Bills to set aside clouds on title
903
CHAPTER XXIII
907
154 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
Costs in patent copyright and trademark cases 2003
935
164c Service upon foreign corporations
939
Final and interlocutory decrees 1968
940
Substituted service of a subpoena
948
Admissions 1647
951
Contempts 2096
953
166a Cases in which statutory service can be made
954
Costs upon error and appeal 2010
965
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
334 Definition and use of an affidavit 1709
979
Effect of an appearance
982
Practice in taking a bill pro confesso
990
CHAPTER IX
996
Competency of witnesses in civil cases 1714
1001
175 Pleading defenses in answer
1003
The pendency of another suit
1009
Defenses of statutes In general
1015
Inspection at common law 1768
1017
180f Statute of limitations to claims against the United States
1022
Evidence of official correspondence 1682
1023
Statute of limitations to suits to recover usury
1029
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
Proceedings to compel answer
1116
Frame of answer
1117
Disclaimers
1123

Ostala izdanja - Prikaži sve

Uobičajeni izrazi i fraze

Popularni odlomci

Stranica 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,...
Stranica 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.
Stranica 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.
Stranica 27 - 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, and to claimants the rights and remedies under the workmen's compensation law of any State.60 Fourth.
Stranica 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...
Stranica 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...
Stranica 399 - That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment...
Stranica 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.
Stranica 20 - 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 to 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...
Stranica 418 - ... all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to the passenger, shipper, or consignee.

Bibliografski podaci