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, Volume 3

Front Cover
Callaghan, 1920 - Civil procedure - 5026 pages

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Contents

457a Jurisdiction of the Supreme Court to issue writs of mandamus
2259
457d Mandamus under the interstate commerce laws
2266
Writs of certiorari
2285
461a Jurisdiction to grant the writ of habeas corpus because
2293
461g Errors which may be corrected by the writ of habeas corpus
2300
Habeas corpus to review proceedings for extradition
2306
Habeas corpus for immigrants and to review orders for
2312
Discharge of soldiers from the army by the writ of habeas
2340
Appeals in habeas corpus proceedings
2360
The writ of quo warranto In general
2368
468b Jurisdiction of the Supreme Court to review decisions in pro
2377
Attachment of property
2385
Consolidation at law and in equity
2401
473b Selection of jury
2409
473e Discharge of jury and withdrawal of juror
2417
473i Arguments of counsel
2423
473k Verdicts
2431
References
2442
Rules of decision at common law
2448
477a Common law of the United States
2455
477b The effect of decisions of State courts establishing Rules
2459
Notice of lis pendens
2471
Bills of exceptions
2484
Page
2494
Judgments
2502
Correction of judgments by courts that rendered them
2508
CHAPTER XXXI
2526
483c Criminal jurisdiction over land ceded by the states or reserved
2533
483e Criminal practice In general
2544
Arrests without warrants
2550
Search warrants In general
2557
487a Search warrants under the national prohibition law
2570
487c Return of books papers and property unlawfully seized
2576
488a The commitment 12582
2582
Extradition to foreign countries
2590
490c Evidence upon applications for extradition to foreign coun
2596
Extradition fron one State to another
2602
493a Presentments
2626
Captions of indictments
2632
497a Pleading matters of inducement and collateral matters
2641
497f Pleading documents in indictments
2647
499a Margin of indictments
2653
Misjoinder of counts
2661
Indictments for mailing or expressing obscene matter
2682
506d Indictments for conspiracy under the civil rights laws
2690
506e Indictments for conspiracy to restrain or monopolize inter
2697
506g Indictments under the White Slave Traffic Act
2703
506k Indictments under the tobacco laws
2709
Indictments for the offense of receiving smuggled opium
2715
Indictments for offense against the prohibition law and other
2717
506s Indictments under the Land Laws
2724
506u Indictments for personation of an officer of the United States
2731
Selection of grand and petit jurors
2739
511a Inspection of the minutes of the grand jury
2750
Demurrers to indictments
2757
Plea of nolo contendere
2765
520a Pleas of statutes of limitations
2777
522c The right to confrontation
2783
522f Statutory presumptions in criminal cases
2789
523c Competency of witnesses in criminal cases
2796
523h Evidence of other crimes
2803
523m Evidence in prosecutions for conspiracy
2806
List of jurors and witnesses
2812
525b Place of trial of offenses begun in one district and completed
2818
Challenges to petit jurors
2825
526a Right to counsel
2832
527b Charges in criminal cases
2841
527d Requests for instructions to the jury
2849
Sentence and judgment in criminal cases
2856
534b Capital punishment
2865
534e Commutation of term of imprisonment
2871
536a Writs of error by defendant in criminal cases
2877
CHAPTER XXXII
2885
537c Removals of suits where the cause of action arose on ceded
2891
537h Effect upon removal of residence of parties
2898
537n Waiver of right to removal
2904
538b Removal of applications for the writ of mandamus
2910
544a Notice of application for removal
2980
545a Second petition for removal
2993
Bond
3000
548a Practice upon removal for fraudulent joinder of parties
3008
Removal of suits between citizens of the same State claiming
3024
Removal of cases where the defense depends upon the Civil
3033
Proceedings in the State court after removal
3041
Proceedings in Federal court after removal
3052
555a Pleading to a petition or removal
3059
555d Effect of removal upon previous proceedings in the State
3067
555j Injunctions to stay proceedings in a State court after a
3073
556a Waiver of right to a remand
3084
556c Costs upon remand
3090
CHAPTER XXXIII
3099
560b Liens enforceable in admiralty
3105
560c Jurisdiction of admiralty over torts
3116
560e Jurisdiction of admiralty over death claims
3122
560i Jurisdiction over controversies between foreigners
3128
561a Joinder of causes of action in libel
3134
Process in rem
3140
Process in personam
3148
568a Opening of default in admiralty
3154
Petition to bring in additional parties
3160
Laches in admiralty
3166
obtained
3214
Surrender to secure limitation of liability
3222
Trial of proceedings for limitation of liability
3231
Proceedings in prize causes
3239
The Pure Food and Drugs Act
3250
608a Jurisdiction of courts of bankruptcy over attorneys
3263
Jurisdiction in bankruptcy by consent
3265
Extraterritorial jurisdiction of courts of bankruptcy
3274
proceedings
3280
Practice in bankruptcy proceedings In general
3291
Corporations who may be bankrupts
3297
Creditors who may petition for involuntary bankruptcy
3307
Fraudulent transfers Concealment or removal of property
3314
Preferences by legal proceedings as acts of bankruptcy
3320
Admission in writing as act of bankruptcy
3326
627a Schedules
3333
Process and notices to creditors
3339
Warrants of seizure
3345
Summary orders for the payment of money or delivery
3363
Dismissal of petitions
3373
637a Setting aside an adjudication in bankruptcy
3381
638a Examination of bankrupt
3398
Meetings of creditors and appointments of trustees
3409
Qualification of trustees
3415
Title and powers of trustees
3427
Right of trustee to set aside preferences liens and convey ances
3440
Proof and allowance of claims
3463
Time for proof of claims
3476
Provable claims
3478
Setoffs and counterclaims
3481
Priorities and liens
3489
649a Reclamations
3502
Exemptions of bankrupt property
3504
Exemption of bankrupt from arrest
3512
Declaration and payment of dividends
3514
Compositions
3518
Reopening estates in bankruptcy
3525
Discharge of bankrupts
3527
Grounds for refusing discharge
3538
Obligations released by discharge
3545
Revocation of discharge
3550
Costs and fees
3552
Clerks fees
3556
Marshals fees
3557
Referees fees
3558
Trustees fees
3560
Receivers fees
3563
Attorneys fees
3564
Review by Circuit Courts of Appeals
3569
Practice on appeals in bankruptcy
3578
Practice upon petition for a revision
3587
Review by the Supreme Court of the United States
3592

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Common terms and phrases

Popular passages

Page 2698 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property...
Page 2677 - Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises...
Page 2793 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 3210 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 3124 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued...
Page 3129 - ... maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable.
Page 2601 - ... to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.
Page 2701 - Columbia, any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose...
Page 2325 - States or of all forms of law, or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States...
Page 2285 - 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 ; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States...

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