Outline of the Jurisdiction and Procedure of the Federal Courts

Front Cover
Callghan, 1917 - Courts - 406 pages
 

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Contents

Appellate and supervisory jurisdiction under the bankrupt act
275
Allowance of appeals etc
276
Appeals and writs of error from AlaskaWhere heard
277
CHAPTER VII
278
Appointment oath and salary of judges
279
Contingent fund
280
Reports to CongressCopies for departments etc
281
Claims against the United States 2 Setoffs
282
Judgments for setoffs of counterclaimsHow enforced
283
Claims referred by departments 149 Procedure in cases transmitted by departments 3
284
Costs may be allowed prevailing party 153 Claims growing out of treaties not cognizable therein 86
286
All claims to be filed within six yearsExceptions 157 Rules of practiceMay punish contempts 24X7 158 Oaths and acknowledgments 2847
288
Commissioners to take testimony
289
TestimonyWhere taken
290
WitnessesHow sworn
291
Claims forfeited for fraud 291 7
293
Reports of court to congress
296
Records filed in Customs Court to be at once placed on calendar
304
Officers of the courtClerk marshal etc Salaries etc
305
Complainants may appear and be made parties to case
314
Writs of prohibition and mandamus
316
Terms
325
CHAPTER XI
337
274a Amendment of suit brought on wrong side of court
345
Laws revised in this act to be construed as continuations of existing laws
353
REPEALING PROVISIONS 297 Sections acts and parts of acts repealed of incumbents etc
356
District court always open for certain purposesOrders at chambers
360
Notice of orders
361
Motion day
362
Writ of assistance
363
Process in behalf of and against persons not parties
364
Process by whom served
365
Amendments generally
366
Signature of counsel
367
Suit to execute trusts of willHeir as party
373
DiscoveryInterrogatoriesInspection and production
379
Claimants before master examinable by him
382
Affirmation in lieu of oath
388
114
393
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Page 22 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Page 100 - A final judgment or decree in any suit, in the highest court of law or equity of a 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...
Page 99 - States, and the decision is in favor of their validity; or where any title, right, privilege, or immunity is claimed under the constitution, or any treaty or statute of or commission held or authority exercised under the United States, and the decision is against the title, right, privilege, or immunity specially set up or claimed by either party under such constitution, treaty, statute, commission, or authority, — may be re-examined, and reversed or affirmed in tha supreme court upon a writ of...
Page 338 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Page 29 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Page 127 - States, he may make and file a petition in such suit in such state court at the time, or any time before the defendant is required by the laws of the State or the rule of the state court in which such suit is brought, to answer or plead to the declaration or complaint of the plaintiff...
Page 338 - 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.
Page 22 - For this purpose, where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations; and, as evidence of these, to the works of jurists and commentators, who by years of labor, research and experience, have made themselves peculiarly well acquainted with the subjects of which they treat.
Page 29 - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is in fact, and must be, regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning as well as the meaning of any particular act proceeding from the legislative body.
Page 188 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them...

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