Rules of Civil Procedure for the United States District Courts: Hearing Before a Subcommittee...on S.J. Res. 281 ...April 18, 1938, May 18, 1938
1938 - 74 pages
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
act of Congress action adopted advisory committee American appealed apply approved assume attachment Attorney authority bar association brought BURKE called chairman clear Code conformity act Congress considered course deal decisions delegate desire district court doubt drafts effective date equity existing fact favor Federal Federal courts follow given Government hear House individual interested judgment judicial Judiciary Justice labor unions lawyers legislation legislatures litigation matter mean mind MITCHELL notes notice party passed persons possible postponed practice present presided procedure question reason referred remedies repeal Representative resolution respect responsible result rules RULES OF CIVIL seems Senator AUSTIN Senator King session staff statement statutes subcommittee submitted substantive rights suggestion SUMNERS superseded Supreme Court thing thought tion TOLMAN United VANDERBILT
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 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...