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, Volum 1

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Callaghan, 1920 - 5026 sider
 

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Value of the matter in dispute in action for damages
42
Value of the matter in dispute in suits of foreclosure
48
Page
50
Amendment by pleading matters subsequent to the filing
51
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
Injunctions authorized by statute 1413
75
258h Interventions pro interesse suo 1298
76
329a Judicial notice 1640
80
CHAPTER XVIII
82
Suits arising under treaties of the United States
97
Trademark cases odernod
107
Suits on judicial and official bonds
118
39 Suits arising out of litigation in the Federal courts
124
Parties to the controversy
131
330 Admissions 1647
134
Formal parties to the controversy
139
283d Injunctions to regulate coal mining or the operation of coal
140
Unnecessary parties to the controversy
150
Determination of citizenship of natural persons
159
333v Miscellaneous statutes as to burden of proof and prima facie
160
Definition of receiver 1479
163
Corporations
171
Under grants of different States
179
Property in the custody of another court of coordinate juris
189
Property covered by insolvent assignments
198
Property in the custody of receivers
206
305b Practice upon application for such preference 1532
210
Proceedings upon an amended bill
213
Effect of the custody by another court of the person of
218
Who may revive a suit
219
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
Provisions common to all bills of review 2188
245
62a Waiver of objections as to residence
254
action 1824
257
Special practice of the Federal courts in the issue of injunc
258
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
The writ of injunction
295
Argument of motions 1262
313
REMOVAL OF CAUSES
322
Definition and use of an affidavit
334
66a Jurisdiction over ceded territory bir
338
Subpæna ad testificandum
340
Petitions in general 1265
345
69 Jurisdiction of the Court of Appeals of the District of Columbia
347
Jurisdiction of the Supreme Court and other courts of
355
CHAPTER XXIII
356
Jurisdiction of the United States Court for China
363
Jurisdiction and practice of the Commerce Court
385
Jurisdiction of the Court of Customs Appeals
393
333h Evidence of proceedings before the Interstate Commerce Com
399
Costs upon error and appeal
412
Marshals fees
418
Costs as between solicitor and client
422
Contempts
428
Injunctions to stay proceedings in other courts In general 1334
433
Review of commitments for contempt In general 2152
437
77b Practice and rules of the Interstate Commerce Commission
466
THE HEARING
472
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
EQUITY RULES
538
INDEX
541
CHAPTER II
542
79a Who seeks equity must do equity
556
333i Evidence of official correspondence 1682
566
CHAPTER III
580
Suits on behalf of idiots lunatics and persons of weak mind
587
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
96h Suits against Collectors of the Ports to recover duties paid
615
96j Suits against telegraph and telephone companies when under
629
CHAPTER XVII
677
Parties with no interest in the subject matter of the suit
679
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
Interventions In general 1283
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
INFORMATIONS AND BILLS IN EQUITY 131 Informations and bills by the United States
744
ills 132 Definition and classification of bills
750
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
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
Bills in equity under the Interstate Commerce Law
870
Correction of decrees In general
874
151b Suits and proceedings to cancel certificates of citizenship
885
151d Bills for accountings
894
151f Bills to set aside clouds on title
903
Waivers and offers
909
The prayer for relief
916
Costs out of the fund
923
Bills in the nature of interpleader
926
164b Service upon domestic corporations
938
Substituted service of a subpoena
952
258c Intervention by stockholders 1291
954
BANKRUPTCY
957
166b Practice in statutory service of a subpoena
959
Exemptions from service of subpoena or other process legal
966
167b Objections to the service of process
973
152
985
CHAPTER VIII
987
155
993
CHAPTER IX
996
Pleading defenses in answer
1003
258d Interventions by general creditors 1294
1004
Defenses of statutes In general
1014
180e Statute of limitations to suits on contractors bonds
1020
CHAPTER XXXVI
1023
180h Statute of limitations against causes of actions arising while
1026
206
1027
397 Final and interlocutory decrees 1968
1032
180n Statute of limitations to criminal prosecutions
1034
Limitations in the act to prevent trading with the enemy
1040
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 ad judicata by dismissals and nonsuits
1077
966
1082
dispute
1083
186q Res ad judicata in patent and trade mark cases
1088
970
1093
186s Res ad judicata against privies
1094
186z Res ad judicata in suits on behalf of a class
1101
973
1104
Proceedings to compel answer
1116

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Side 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,...
Side 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.
Side 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.
Side 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.
Side 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...
Side 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...
Side 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...
Side 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.
Side 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...
Side 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.

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