Rules of the Supreme Court of the United States: And Rules of Practice for the Circuit and District Courts of the United States in Equity and Admiralty Cases, Order in Reference to Appeals from Court of Claims and General Orders in Bankruptcy

W.H. & O.H. Morrison, 1874 - 135 sider

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Side 369 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of such their validity...
Side 419 - In all cases where it shall appear to the Court, that persons, who might otherwise be deemed necessary or proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction...
Side 414 - But after replication filed, the plaintiff shall not be permitted to withdraw it, and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Side 393 - ... shall be heard and determined as in other cases ; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within...
Side 451 - In all suits in personam, where a simple warrant of arrest issues and is executed, bail shall be taken by the marshal and the court in those cases only in which it is required by the laws of the state where an arrest is made on similar or analogous process Issuing from the state court.
Side 405 - ... require any allowance or order of the court, or of any judge thereof — shall be deemed motions and applications, grantable of course by the clerk of the court. But the same may be suspended or altered or rescinded by any judge of the court, upon special cause shown.
Side 437 - District where such suit is brought, one or more of the defendants therein shall not be an inhabitant of, or found within, the said District, or shall not voluntarily appear thereto...
Side 429 - Whenever any reference of any matter is made to a master to examine and report thereon, the party at whose instance or for whose benefit the reference is made shall cause the same to be presented to the master for a hearing on or before the next rule day succeeding the time when the reference was made. If he shall omit to do so, the adverse party shall...
Side 458 - ... any person or persons claiming damages as aforesaid, and who shall have presented his or their claim to the commissioner under oath, shall and may answer 55. such libel or petition, and contest the right of the owner or owners of said ship or vessel, either to an exemption from liability, or to a limitation of liability under the said act of Congress, or both.
Side 407 - ... which the defendant shall be bound, without further service, to take notice ; and upon affidavit of the plaintiff, filed in the clerk's office, that the same has not been complied with within the prescribed time, the clerk shall issue a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be discharged, unless upon a full compliance with the decree and...

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