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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VOLUME I	1

What amendments may be made to bills in equity and declara	2

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

Jurisdiction of the District courts In general	13

TABLE OF CASES	20

5a Jurisdiction of suits on contractors bonds	28

Value of the matter in dispute In general	34

Value of the matter in dispute in action for damages	42

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

Abatement 1187	711

Formal parties who may be omitted when without the juris diction	713

Parties whose interest is separable	714

283d Injunctions to regulate coal mining or the operation of coal	720

Parties indispensable to a decree	724

A state of facts and claim 1921	731

Value of the matter in dispute in suits of foreclosure	48

Page	50

Value of the matter in dispute upon taxpayers bills	55

Effect of the custody of property by the State court where	59

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

Suits arising under the Constitution or laws of the United	82

Suits arising under treaties of the United States	97

Patent and copyright cases	103

Amendment by pleading matters subsequent to the filing	104

Cases arising under the laws relating to navigable waters	110

Suits on judicial and official bonds	118

Suits arising out of litigation in the Federal courts	124

Formal parties to the controversy	139

Trustees and other representatives	153

Determination of citizenship of natural persons	159

Corporations	171

Unincorporated stock companies and associations	177

RECEIVERS	184

Property in the custody of another court of coordinate juris	189

Property covered by insolvent assignments	198

Property in the custody of receivers	206

Effect of jurisdiction of another court over same cause of action	215

Property in the custody of another Federal court of Equity	223

61a Residence in suits by the United States	242

62a Waiver of objections as to residence	254

Territorial jurisdiction of the District Courts of the United	267

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

FORMS IN CIVIL CASES AT COMMON LAW AND IN EQUITY	327

Page	333

66a Jurisdiction over ceded territory	338

AND IV	339

Jurisdiction of the Supreme Court of the District of Columbia	345

70a Jurisdiction of District Court of the Canal Zone	351

Definition of receiver 1479	356

73 Jurisdiction of the United States Court for China	363

CHAPTER XIII	365

Definition of the writ of ne exeat republica and when it will	371

COSTS	375

MOTIONS TO MAKE PLEADINGS MORE DEFINITE AND CERTAIN	384

Jurisdiction and practice of the Commerce Court	385

Jurisdiction of the Court of Customs Appeals	393

333t Presumptions upon the assessment and collection of internal	463

77b Practice and rules of the Interstate Commerce Commission	466

When receivers will be appointed 1479	486

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

CHAPTER II	542

79a Who seeks equity must do equity	556

81a Equitable jurisdiction to enforce rights created by statutes	565

389c Deductions from profits in patent cases 1897	570

302c Receivers of National Banking Association 1491	575

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

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

Liability of States to suits by private persons	657

Inspection at common law 1768	660

305b Practice upon application for such preference 1532	662

310a Reorganization of corporations whose assets are held by re ceivers 1563	663

105c Injunctions against State officers	664

259c Hearing upon application for intervention 1311	668

Suits against idiots lunaties and persons of weak inind	675

Testimony taken after a cause is at issue and beyond the jur	677

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

Class suits	701

Suits against one or more of a class	705

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

When a suit may be revived 1196	751

Frame of a bill in equity	752

Address and caption	755

The narrative part of a bill	762

Certainty	766

329a Judicial notice 1640	774

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

Litigation by receivers 1569	789

Multifariousness without misjoinder of parties	798

Objections for multifariousness or misjoinder	801

General rules of equity pleading	804

Definition classification and objects of injunctions 1321	808

Stockholders bills	809

Bills to enjoin the infringement of patents	830

CHAPTER XXIII	841

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 restrain infringement of copyrights	861

Injunctions to restrain the alienation of property 1356	863

Bills in equity under the Interstate Commerce Law	870

408a Costs in criminal proceedings 1997	883

151b Suits and proceedings to cancel certificates of citizenship	885

312 Duties of receivers 1579	892

151d Bills for accountings 394	894

151f Bills to set aside clouds on title	903

The prayer for relief	913

Affidavits to bills	919

Bills in the nature of interpleader	926

Motions of course 1255	929

When a subpoena is necessary	933

Costs patent copyright and trademark cases 2003	935

164c Service upon foreign corporations	939

Special motions without notice 1256	940

Substituted service of a subpoena	948

166a Cases in which statutory service can be made	954

Suits against receivers 1590	956

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

Effect of an appearance	982

SUPREME COURT RULES	987

Practice in taking a bill pro confesso	990

CHAPTER IX	996

Pleading defenses in answer	1003

The pendency of another suit	1009

Defenses of statutes In general	1015

130f Statute of limitations to claims against the United States	1022

333i 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

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

Res ad judicata in patent and trade mark cases	1088

186s Res ad judicata against privies	1094

186z Res adjudicata in suits on behalf of a class	1101

Proceedings to compel answer	1116

Sequestration 2159	1117

Signature and seal to answer	1119

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

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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 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 Legal classics library
Forfatter	Roger Foster
Utgave	6
Utgiver	Callaghan, 1920
Lengde	5026 sider

Eksporter sitat	BiBTeX EndNote RefMan

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