Hearing, April 18, 1938U.S. Government Printing Office, 1938 - 74 sider |
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Side 3
... tion . The chairman of this subcommittee knows the respect and affection I have for him . That is of long standing . I most earn- estly plead that , if a study of these rules is deemed necessary , it be given now . I shall be glad ...
... tion . The chairman of this subcommittee knows the respect and affection I have for him . That is of long standing . I most earn- estly plead that , if a study of these rules is deemed necessary , it be given now . I shall be glad ...
Side 5
... tion . This system provides that , instead of having two procedures in the Federal courts , law and equity , there shall be only one , so that the lawyer who goes into the Federal courts under these rules will only need to know one ...
... tion . This system provides that , instead of having two procedures in the Federal courts , law and equity , there shall be only one , so that the lawyer who goes into the Federal courts under these rules will only need to know one ...
Side 8
... tion of substantive law and procedural law . The chairman has in his mind some doubt as to whether certain things in these rules are a matter of substantive right or procedure . Senator KING . I have looked into the matter , and Mr ...
... tion of substantive law and procedural law . The chairman has in his mind some doubt as to whether certain things in these rules are a matter of substantive right or procedure . Senator KING . I have looked into the matter , and Mr ...
Side 9
... tion . The rules on that subject are substantially the law . There is nothing new about them . The courts generally regard that as a procedural matter . Of course , if you are going to say that every step in a lawsuit that a man has to ...
... tion . The rules on that subject are substantially the law . There is nothing new about them . The courts generally regard that as a procedural matter . Of course , if you are going to say that every step in a lawsuit that a man has to ...
Side 10
... tion or two . The existence of these questions in our minds is caused by the fact that we do not wish to make a hasty decision . What do you mean by setting forth in your notes on pages 60 and 61 these various statutes : The United ...
... tion or two . The existence of these questions in our minds is caused by the fact that we do not wish to make a hasty decision . What do you mean by setting forth in your notes on pages 60 and 61 these various statutes : The United ...
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act of Congress Act of June action advisory committee American Bar attachment bar association BRARY cedure chairman CIVIL PROCEDURE conflict conformity act CONG CONGRES HE LIBRARY CONGRESS AESS CONGRESS LIBRARY CONGRESS THE LIBRARY considered Dean ARANT delegate district court drafts effective date equity rule favor Federal courts Federal rules Federal statute former Attorney go into effect GRESS THE LIBRARY HATTON W hear HOMER CUMMINGS Interstate Commerce Commission judgment judicial procedure Judiciary Committee June 19 Justice labor unions law and equity lawyers legislation legislatures LIBR LIBRARY OF CONGRES LIBRARY OF CONGRESS litigation mind party persons postpone the effective primary rights procedural matters promulgate question referred remedies repeal Representative SUMNERS RESS rule 64 RULES OF CIVIL Senator AUSTIN Senator BURKE Senator KING session statement subcommittee substantive law substantive rights suggestion Supreme Court THEO tion United States Code VANDERBILT
Populære avsnitt
Side 23 - If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party.
Side 1 - Be it enacted * * * That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Side 22 - ... the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state in which the district court is held, existing at the time the remedy is sought, subject to the following qualifications: (1) any existing statute of the United States governs to the extent to which it is applicable...
Side 1 - These rules will take effect on the day which is 3 months subsequent to the adjournment of the second regular session of the 75th Congress, but if that day is prior to September 1, 1938, then these rules will take effect on September 1, 1938.
Side 8 - ... same by execution or otherwise to reach the property of the judgment debtor, as are now provided in like causes by the laws of the State in which such court is held, or by any such laws...
Side 13 - States," in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...
Side 13 - The forms of mesne process and the forms and modes of proceeding in suits of equity and of admiralty and maritime jurisdiction in the circuit and district courts shall be according to the principles, rules, and usages which belong to courts of equity and of admiralty, respectively, except when it is otherwise provided by statute or by rules of court made in pursuance thereof ; but the same shall be subject to alteration and addition by the said courts, respectively, and to regulation by the Supreme...
Side 10 - Statements in the notes about the present state of the law, or the extent to which existing statutes have been superseded by or incorporated in the rules, should be taken only as suggestions and guides to source material. Such statements, and any other statements in the notes as to the purpose or effect of the rules, can have no greater force than the reasons which may be adduced to support them. The notes are not part of the rules, and the Supreme Court has not approved or otherwise assumed responsibility...
Side 10 - The notes in their revised form are now published by the Committee in order to preserve for the use of the profession material which the Reporter has so industriously gathered during the two and one-half years of the Committee's service. The notes show the background in Federal or State statutes and judicial decisions, in the Federal equity rules, or in the British system, of the procedure recommended by the Advisory Committee.
Side 10 - ... the Reporter has so industriously gathered during the two and one-half years of the Committee's service. The notes show the background in Federal or State statutes and judicial decisions, in the Federal equity rules, or in the British system, of the procedure recommended by the Advisory Committee. Statements in the notes about the present state of the law, or the extent to which existing statutes have been superseded by or incorporated in the rules, should be taken only as suggestions and guides...