A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages ...

Roger Foster

Callaghan, 1901

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TABLE OF CASES	xxix

III	xxxiii

242 243	xxxvi

244	xxxviii

245	xlvi

246	xlviii

247	lxv

248	lxvi

Bills in the nature of bills of revivor in general	403

Frame of bills in the nature of bills of revivor and proceedings upon them	405

Bills of revivor and supplement	406

What renders a suit defective	407

Supplemental bills	408

Parties and frame of a supplemental bill a	411

Proceedings upon supplemental bills	413

Bills in the nature of supplemental bills in general	416

Page	lxxviii

249	lxxix

250	lxxxii

251	lxxxviii

252	xc

253	xcii

255 256	cvii

257	cxxii

258	cxxxvi

Removal of receivers 260	cxxxviii

TABLE OF STATUTES	clxxvi

TABLE OF EQUITY RULES	clxxxiii

References by Court of Claims 1046	clxxxiv

GENERAL ORDERS IN BANKRUPTCY 1489	clxxxv

Form	1

Constitutional provisions affecting the jurisdiction of the Fed	5

Tender 978	11

State laws creating new rights are enforced by Federal courts	12

Judgments 895	16

Form Page	22

Property in the custody of another Federal court	25

Illustrations of cases where the Federal courts have refused	32

Federal courts which have jurisdiction in equity	39

Value of the matter in dispute	49

Suits arising under the Constitution or laws of the United	57

Review by Circuit Courts of Appeals 1152	62

Controversy between citizens of different States	63

Under grants of different States	70

Limitations upon jurisdiction by residence	75

Special limitation upon jurisdiction of Circuit Court for South ern District of New York	81

Jurisdiction of the District Courts of the United States	86

Territorial jurisdiction and terms of the Supreme Court Cir	88

cuit Courts of Appeal Circuit and District Courts of the United States	89

Sources of Federal equity practice	120

CHAPTER II	122

Suits on behalf of infants	123

Suits on behalf of idiots lunatics and persons of weak mind	125

Capacity of foreign executors administrators and receivers to sue	126

Who may be defendants to a bill in equity	127

The United States as a defendant	128

Liability of States to suits by private persons	135

Evidence Depositions 982	140

Liability of a State to a suit by another State 113	143

Suits against infants	144

Suits against idiots lunatics and persons of weak mind	146

Suits against married women	147

CHAPTER III	148

Parties with no interest in the subjectmatter of the suit	149

Persons who on account of their interest need not be made parties to a suit in equity	150

Cases where the law has furnished a representative	155

Discharge of a receiver	157

Suits by a complainant on behalf of himself and others sim ilarly situated	161

Illustrations of bills filed by representatives	163

Suits against one or more of a class	164

Suits by or against one or more as representatives of a class claiming a common right	165

Omission of defendants not within the jurisdiction of the court	167

Formal parties who may be omitted when without the juris diction	170

Parties indispensable to a decree	174

When numerous interests have been created for the purpose of preventing the plaintiff from obtaining equitable relief	180

When the plaintiff waives his right against a person	181

When the right of administration is in dispute	182

Restatement of the rules as to parties	183

Objection for want of parties	184

Objection for joinder of improper parties	185

CHAPTER IV	187

BILLS 63 Informations	188

Definition and classification of bills	190

Frame of a bill in equity	192

The narrative part of a bill	195

Scandal and impertinence	196

Certainty	198

Inconsistency and bills with a double aspect	202

Multifariousness in general	205

Multifariousness by misjoinder of plaintiffs	207

Multifariousness by misjoinder of defendants	210

262	211

Multifariousness without misjoinder of parties	215

Objections to multifariousness	218

Special provisions of the Federal equity rules and practice	219

77 Bills to enjoin the infringement of patents	222

General rules of equity pleading	227

The common confederacy clause	230

The charging part	231

The prayer for relief	233

Waivers and offers	235

The prayer of process	239

The signature to a bill	240

Bills of interpleader	241

Bills in the nature of interpleader	245

CHAPTER V	247

Issue of the subpoena	249

When a subpoena is necessary	250

Personal service of a subpoena	251

Service upon corporations	254

Statutory service of a subpoena	261

CHAPTER VL	269

Practice in taking a bill pro confesso	276

Classification of demurrers to the relief	287

Protestation	293

Intervenors 985	297

Overruling a demurrer	299

Demurrer 1305	302

Pleas in abatement in general	305

Pleas of want of parties	312

Pleas of statutes	313

Pleas of matter of record	315

Assignment of errors 989	322

Pleas of matter in pais	323

Pleas to the discovery	324

Answers with pleas	326

Proceedings of the plaintiff when a plea is filed	328

Motion to take a plea off the file	330

Motion for a reference of a plea	334

143 General remarks upon pleas	336

CHAPTER X	337

Defenses peculiar to patent cases	339

Admissions and denials independent of discovery	341

Impertinence and scandal	342

Discovery	343

Proceedings to compel answer	348

Limitation of liability Petition 993	349

Signature and oath to answer	350

Motions to take answers off the file	351

Exceptions for insufficiency	352

Supplemental answers	355

Claims 1010	356

Disclaimers	358

When a replication should be filed	359

Effect of a replication	360

CHAPTER XIL AMENDMENTS 160 Amendments in general	363

162 Form and effect of amendment of a bill	366

What amendments to bills may be made	367

Amendment by pleading matters subsequent to the filing of the bill	370

Proceedings upon an amended bill	371

Amendments of demurrers pleas and replications	372

Amendment of answers	373

Practice in obtaining leave to amend	375

CROSSBILLS Page 169 Definition and origin of crossbills	377

When a crossbill should not be filed	380

Removal of causes from one Federal court to another 908	383

Frame of a crossbill a	384

Proceedings upon crossbills	387

CHAPTER XIV	391

Effect of abatement	393

When a suit may be revived and effect of revivor	395

Who may revive a suit	396

Manner of revivor in general	397

Definition of bills of revivor and parties to the same	398

Frame of a bill of revivor	399

Proceedings upon bills of revivor	400

Statutes concerning decisions on jurisdiction of Court of 443 Statute of limitations in Court of Claims 1017	402

Frame of a bill in the nature of a supplemental bill	418

INTERLOCUTORY APPLICATIONS AND PETITIONS 193 Definition and classification of interlocutory applications	420

Special motions without notice	421

Notice of motion	423

198 Argument of motions	427

Petitions in general	429

Petitions for leave to sue in forma pauperis at common law and in equity	431

Petitions of intervention	434

Practice upon interventions	440

Form of petitions and practice upon them	446

Orders	447

Judges who may grant orders	450

CHAPTER XYL INJUNCTIONS Page 205 Definition classification and objects of injunctions	452

Injunctions to restrain corporations from violating their char ters	453

Injunctions to enforce the specific performance of covenants and other contracts affecting land	455

Injunctions to restrain a multiplicity of suits	456

Injunctions to prevent irreparable injury for which the remedy at law is inadequate in general	457

Injunctions to stay proceedings in other courts	458

Injunctions to restrain the alienation of property	463

Injunctions to prevent waste	464

Injunctions to prevent the continuance of a nuisance	465

Injunctions to restrain trespass	467

385d Time of removal not dependent on prejudice or local influence 935	468

Injunctions to restrain the infringement of patents	470

218 Injunctions to restrain the unlawful use of trademarks	477

Injunctions to prevent the opening of letters	479

Injunctions to compel the delivery of personal property tor tiously withheld	480

When injunctions will not issue	482

Distinction between the judicial writ and the writ remedial	486

225 Distinction between mandatory and prohibitory injunctions	487

Distinction between provisional and perpetual injunctions	488

Distinction between common and special injunctions	489

Injunctions not prayed for in the bill	490

Special practice of the Federal courts in the issue of injunc tions	491

Notice of application for interlocutory injunction	495

Affidavits upon an application for an injunction	496

Rules of decision upon applications for interlocutory injunc tions	499

The writ of injunction	500

Dissolution and modification of interlocutory injunctions	502

The imposition of terms upon the issue denial dissolution or continuance of an injunction	506

Perpetual injunctions	509

Appeals from injunction orders	511

CHAPTER XVII	514

Rules regulating the appointment of receivers	520

Ancillary receivers	521

Terms upon the appointment of receivers and preferences in foreclosure suits	524

Property over which receivers may be appointed	536

Powers of receivers in general	538

Powers of receivers of railroads	541

Receivers certificates	548

Advice to receivers	549

Litigation by receivers	550

Duties of receivers	556

Liability of a receiver	558

Manner of applying for the appointment of a receiver	564

Who may apply for the appointment of a receiver Manner of the appointment of a receiver Who should be appointed receiver	567

The receivers security	570

CHAPTER XVIII	579

271 272 Against whom the writ will issue	580

Practice in obtaining the writ of ne exeat	583

CHAPTER XIX	585

Constructive admissions	589

Documentary evidence in general	591

Federal statutes regulating admission of documentary evi dence	594

269 Definition and use of an affidavit	608

Manner of verifying an affidavit Title of an affidavit	609

Form of an affidavit	610

Execution of an affidavit	611

Competency of witnesses	613

275 Subpoenas ad testificandum 276 277 278 279 Page 520 521	617

Compelling a witness to testify	621

Testimony taken in equity which may be used in other courts	622

Bills to take testimony de bene esse	625

Testimony taken before a cause is at issue	628

Testimony taken within the jurisdiction of the court after a cause is at issue	629

Testimony taken after a cause is at issue and beyond the juris diction of the court	634

Form of deposition under acts of Congress	641

Commission issued under a dedimus potestatem	644

Proceedings under a dedimus potestatem	647

Letters rogatory	650

CHAPTER XX	655

Dismissal of bills for want of prosecution	657

Dismissal for want of jurisdiction	658

Locality of proceeding 1067	659

Dismissal for failure to perfect or revive a suit	661

CHAPTER XXI	664

Manner of hearing a cause	665

Rules of decision upon a hearing	666

Objections which cannot be made at the hearing	668

Action of the court upon a hearing	670

CHAPTER XXIL ISSUES AT LAW 301 Power of courts to direct issues at law	672

Matters concerning which an issue is directed	673

Time when an issue is directed	674

Manner of trying an issue	675

Effect of the finding of a jury upon an issue	676

Proceedings after the trial of an issue	678

CHAPTER XXIII	679

Who may be appointed master	680

Bringing on a reference	681

Parties entitled to attend a reference before a master	682

Proceedings before a master in general	683

A state of facts	685

Evidence before a master	686

Masters reports and compensation	687

Exceptions to masters reports	689

Sales by masters	692

CHAPTER XXIV	702

Return to writ of error or appeal 1248	703

Decrees in personam	704

Decrees in rem	706

Decrees nisi	707

Oath of final account of trustee 1529	709

Decrees in the nature of decrees nisi	711

Frame of decree	712

325a Motions at the foot of a decree	716

CHAPTER XXV	718

580	720

Classification of costs	724

Costs as between party and party	725

Clerks fees	729

INDEX 1535	732

Second writ of error or appeal 1296	735

BANKRUPTCY 474 Courts of bankruptcy and their jurisdiction 1081	736

Marshals fees	738

Stipulation for value Sureties 974	741

Monition 1373	743

Witnesses fees	744

581	748

XXXVIL Writ of mandamus 1344	749

Process and notices to creditors 1098	750

Costs out of the fund	751

Costs as between solicitor and client	753

Taxation of costs	754

Security for costs	755

CHAPTER XXVI	757

Evidence 1111	758

Contempts	760

Notice of application for attachment	765

Hearing upon applications for attachments	766

Order of commitment	768

345 Writ of attachment	769

II	770

317 Sequestration	772

585	773

Action by court itself	774

349a Bills to carry decrees into execution	775

Correction of decrees in general	778

Supplemental bills in the nature of bills of review	786

Bills in the nature of bills of review	795

590	798

Opphavsrett

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Tittel	A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages ... Volum 1 av A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages, Roger Foster
Forfatter	Roger Foster
Utgave	3
Utgiver	Callaghan, 1901

Eksporter sitat	BiBTeX EndNote RefMan

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