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, Volum 1

Roger Foster

Callaghan, 1920 - 5026 sider

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ORIGINAL JURISDICTION	1

3a Practice in the original jurisdiction of the Supreme Court	7

Jurisdiction of the District courts In general	13

5a Jurisdiction of suits on contractors bonds 28	34

241 Motions to make pleadings more definite and certain 1245	38

Value of the matter in dispute in action for damages	42

10 Value of the matter in dispute in suits of foreclosure	48

Page	50

96a Suits against the United States for torts and upon implied	600

333s Presumptions upon the assessment and collection of duties	607

96g Suits against the Commissioner and Collectors of Internal Rev	610

Costs at common law 1992	618

96j Suits against telegraph and telephone companies when under	629

98 Suits against the United States for partition	636

100a Injunctions against collection of Federal taxes	645

100c Injunctions against the United States Shipping Board	651

274a Injunctions to enforce prohibition of use of intoxicating	52

14 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

20 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

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	73

Injunctions authorized by statute 1413	75

CHAPTER XVI	82

Suits arising under the Constitution of the United States	84

Suits arising under treaties of the United States	97

27 Suits where the parties are Federal corporations In general	98

National banking associations	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

33 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

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

Formal parties to the controversy	139

283d Injunctions to regulate coal mining or the operation of coal	140

Unnecessary parties to the controversy	150

Trustees and other representatives	152

Determination of citizenship of natural persons	159

301 Definition of receiver 1479	163

Corporations	169

Unincorporated stock companies and associations 177	178

51 Ancillary jurisdiction	180

Property in the custody of another court of coordinate juris diction In general	189

Decrees in rem 1973	194

Property covered by insolvent assignments	198

Property in the custody of State courts of probate	199

Property in the custody of receivers	206

305b Practice upon application for such preference 1532	210

56 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

59 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

63 Suits by assignees	256

262 Definition classification and objects of injunctions 1321	264

64 Territorial jurisdiction of the District Courts of the United	267

65 Terms of the District Courts of the United States In general	274

283e Injunctions to protect political rights 1416	291

Definition and classification of interlocutory applications 1255	298

250 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

68 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 XIII	356

Dismissal of bills before a hearing In general 1810	362

73 Jurisdiction of the United States Court for China	363

384 References to masters In general 1871	376

XXX	383

75 Jurisdiction and practice of the Commerce Court	385

77 Jurisdiction of the Court of Customs Appeals	393

390 A state of facts and claim 1921	397

268 Injunctions to stay proceedings in other courts In general 1334	433

Supplemental bills in the nature of bills of review 2177	448

329 Evidence In general 1640	456

77b Practice and rules of the Interstate Commerce Commission	466

216 Abatement 1187	481

XIII	485

77c Evidence and depositions before the Interstate Commerce Com	493

77d Enforcement of orders of Interstate Commerce Commission	502

77e Jurisdiction of the Railroad Boards of Labor Adjustment	508

Absolute and conditional decrees 1974	532

254 Form of petitions and practice upon them 1267	536

INDEX	541

CHAPTER II	542

79a Who seeks equity must do equity	556

CHAPTER III	580

Appeal from taxation of costs 2078	585

91 Suits on behalf of idiots lunatics and persons of weak mind	587

95 The United States as a defendant In general	593

CHAPTER XXVIII	597

105 Liability of States to suits by private persons	657

105c Injunctions against State officers	664

106 Suits against infants	673

Parties with no interest in the subject matter of the suit	679

365 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

113 Cases where the law has furnished a representative	691

324 Discharge of a receiver 1626	694

114 Class suits	701

258a Intervention in class suits 1285	703

Suits against one or more of a class	705

116 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

217 Effect of abatement 1194	711

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

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

Definition and classification of bills	750

218 When a suit may be revived 1196	751

133 Frame of a bill in equity	752

Address and caption	755

136 The narrative part of a bill	762

137 Certainty	766

138 Inconsistency and bills with a double aspect	775

Multifariousness or misjoinder In general	780

367 Classification of demurrers 1832	781

Multifariousness by misjoinder of plaintiffs	782

Multifariousness by misjoinder of defendants	788

Multifariousness without misjoinder of parties	798

143 Objections for multifariousness or misjoinder	801

General rules of equity pleading	804

145 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

272 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 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

The prayer for relief	913

THE HEARING	916

156 Affidavits to bills	919

Bills in the nature of interpleader	926

CHAPTER XXIV	929

162 When a subpoena is necessary	933

Costs in patent copyright and trademark cases 2003	935

164c Service upon foreign corporations	939

397 Final and interlocutory decrees 1968	940

165 Substituted service of a subpoena	948

330 Admissions 1647	951

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

167b Objections to the service of process	973

CHAPTER VIII	987

CHAPTER IX	996

175 Pleading defenses in answer	1003

177 The pendency of another suit	1009

Defenses of statutes In general	1015

180f Statute of limitations to claims against the United States	1022

333i Evidence of official correspondence 1682	1023

1801 Statute of limitations to suits to recover usury	1029

428 Contempts 2096	1036

428a Contempt by publication 2105	1054

430c Contempt proceedings under Prohibition Law 2140	1063

416b Attorneys fees under copyright law 2021	1077

186p Matters concluded by adjudication	1082

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

334 Definition and use of an affidavit 1709	1121

Disclaimers	1123

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A Treatise on Federal Practice, Civil and Criminal, Including ..., Volum 1
Roger Foster
Uten tilgangsbegrensning - 1920

Vanlige uttrykk og setninger

alleged ancillary jurisdiction appeal application appointed arising assignee authorized Bank bill Board bonds cause of action charge Chicago chose in action Circuit Court citizen citizenship City claim clerk Commission common carrier Comp complainant constitute contract controversy corporation counties court of equity damages date last mentioned day of July decree defendant district court district shall include diversity of citizenship enforce equity Federal court filed held Ibid include the territory infra injunction interest Interstate Commerce Commission issue judge judgment judicial jurisdictional amount land Louisville marshal matter in dispute ment Mondays in April nineteen hundred northern division parties person plaintiff proceedings railroad receiver recover removal residence second Monday service of process Southern statute suit is brought Supreme Court term territory embraced Texas therein thereof tion trict Trust United Wabash Railroad western district writ

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Bibliografisk informasjon

Tittel	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 ..., Volum 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
Forfatter	Roger Foster
Utgave	6
Utgiver	Callaghan, 1920
Original fra	Harvard University
Digitalisert	28. feb 2008
Lengde	5026 sider

Eksporter sitat	BiBTeX EndNote RefMan

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