Rules of Civil Procedure for the United States District Courts: Hearing Before a Subcommittee...on S.J. Res. 281 ...April 18, 1938, May 18, 19381938 - 74 pages |
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act of Congress Act of June action advisory committee American Bar American Bar Association attachment bar association cedure chairman CIVIL PROCEDURE Code conflict conformity act considered deal Dean ARANT Dean Clark delegate district court effective date equity rule examine these rules favor Federal courts Federal rules Federal statute former Attorney go into effect HATTON W hear HOMER CUMMINGS Interstate Commerce Commission judgment judicial procedure Judiciary Committee June 19 Justice labor unions law and equity lawyers legislation legislatures litigation Major Tolman mind mittee O'MAHONEY obedience party persons postpone the effective presided primary rights procedural matters promulgate question real doubt referred remedies repealing a statute Representative SUMNERS rule 64 rule 71 RULES OF CIVIL S. J. Res Senator AUSTIN Senator BURKE Senator KING session statement statute is superseded subcommittee substantive law substantive rights suggestion Supreme Court tion United States Code VANDERBILT
Popular passages
Page 20 - The procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the practice and procedure of the state in which the district court is held, existing at the time the remedy is sought, except that any statute of the United States governs to the extent that it is applicable.
Page 19 - ... a short and plain statement of the claim showing that the pleader is entitled to relief, and (3) a demand for judgment for the relief to which he deems himself entitled.
Page 22 - 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.
Page 21 - ... 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...
Page 20 - At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered...
Page 7 - ... 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...
Page 22 - ... 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. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment.
Page 24 - Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained...