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

Etukansi
Callaghan, 1920 - 5026 sivua
 

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Sisältö

matter in dispute
46
Value of the matter in dispute in suits of foreclosure
48
281a Injunctions to prevent the revocation or refusal of a permit
56
17 Value of the matter in dispute when there are joint plaintiffs
59
Consideration of interest in estimating the value of the matter
68
329a Judicial notice 1640
80
Suits arising under the Constitution or laws of the United
82
RECEIVERS
87
Suits arising under treaties of the United States
97
Trademark cases
107
Suits on judicial and official bonds
118
Suits arising out of litigation in the Federal courts
124
258h Interventions pro interesse suo 1298
128
Unnecessary parties to the controversy
150
Determination of citizenship of natural persons
159
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
Amendment by pleading matters subsequent to the filing
212
Effect of the custody by another court of the person of
218
Property in the custody of another Federal court of Equity
223
the bill 1176
239
6la Residence in suits by the United States
242
62a Waiver of objections as to residence
254
264a Injunctions to protect corporate franchises 1326
265
Territorial jurisdiction of the District Courts of the United
267
Demurrers under the former practice 1827
272
Specific territorial jurisdiction and terms of the different Dis
276
Injunctions to compel the delivery of personal property torti
282
66a Jurisdiction over ceded territory
338
Jurisdiction of the Court of Appeals of the District of Columbia
347
Jurisdiction of District Court of Hawaii
354
Jurisdiction of the United States Court for China
363
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
CHAPTER XIII
394
Injunctions to stay proceedings in other courts In general 1334
433
Supplemental bills in the nature of bills of review 2177
448
77b Practice and rules of the Interstate Commerce Commission
466
THE HEARING
472
Page
482
take 2195
491
77c Evidence and depositions before the Interstate Commerce Com
493
330 Admissions 1647
495
77d Enforcement of orders of Interstate Commerce Commission
502
77e Jurisdiction of the Railroad Boards of Labor Adjustment
508
Injunctions authorized by statute 1413
510
Absolute and conditional decrees 1974
532
332a Proof of handwriting 1655
537
When receivers will be appointed 1479
541
CHAPTER II
542
79a Who seeks equity must do equity
556
333q Presumptions under the prohibition law 1695
559
State laws creating new rights are enforced by Federal courts
567
practice of Federal courts of equity
574
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
333s Presumptions upon the assessment and collection of duties
607
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
Statutes at Large
637
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
305b Practice upon application for such preference 1532
662
105c Injunctions against State officers
664
Suits against infants
673
DECREES
678
Parties with no interest in the subject matter of the suit
679
Parties whose interest is separable
714
Costs at common law 1992
719
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
333u Presumptions upon distress sales 1704
740
Objections for joinder of improper parties
742
CHAPTER V
743
INFORMATIONS AND BILLS IN EQUITY 131 Informations and bills by the United States
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
Inspection at common law 1768
759
The narrative part of a bill
762
Certainty
766
Inconsistency and bills with a double aspect
775
283e Injunctions to protect political rights 1416
779
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
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
408a Costs in criminal proceedings 1997
883
151b Suits and proceedings to cancel certificates of citizenship
885
Enforcement of decrees and orders In general 2084
890
151d Bills for accountings 994
894
151f Bills to set aside clouds on title
903
The prayer for relief
913
Affidavits to bills
919
ISSUES AT
925
Bills in the nature of interpleader
926
Motions of course 1255
929
When a subpoena is necessary
933
164c Service upon foreign corporations
939
Special motions without notice 1256
942
Substituted service of a subpoena
948
166a Cases in which statutory service can be made
954
Suits against receivers 1590
956
BANKRUPTCY
957
Final and interlocutory decrees 1968
965
Exemptions from service of subpoena or other process legal
966
167b Objections to the service of process
973
Definition of an appearance
976
Effect of an appearance
982
Practice in taking a bill pro confesso
990
CHAPTER IX
996
Pleading defenses in answer
1003
Defenses in bar
1014
180e Statute of limitations suits on contractors bonds
1020
333i Evidence of official correspondence 1682
1023
180h Statute of limitations against causes of actions arising while
1026
180n Statute of limitations to criminal prosecutions
1034
8430c 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
186r Effect of splitting cause of action
1092
186x Effect as adjudications of proceedings against public corpora
1099
Defenses peculiar to patent cases
1106
Proceedings to compel answer
1116
Sequestration 2159
1117
Signature and seal to answer
1119

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Sivu 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,...
Sivu 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.
Sivu 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.
Sivu 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.
Sivu 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...
Sivu 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...
Sivu 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...
Sivu 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.
Sivu 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...
Sivu 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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