A Treatise on Federal Practice in Civil Causes: With Special Reference to Patent Cases and the Foreclosure of Railway Mortgages, Volume 1

Front Cover
Boston Book Company, 1892
 

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Contents

14a Jurisdiction of the Circuit Courts of Appeal
30
Controversy between Citizens of different States
37
Limitations upon Jurisdiction by Residence
44
Special Limitation upon Jurisdiction of Circuit Court for Southern District of New York
49
Suits by Assignees
54
Jurisdiction of the District Courts of the United States
57
Territorial Jurisdiction and Terms of the Supreme Court Circuit Courts of Appeal Circuit and District Courts of the United States
58
26a Jurisdiction of the Court of Claims
86
Jurisdiction of the Court of Private Land Claims
87
Sources of Federal Equity Practice
89
CHAPTER II
91
Suits on behalf of Infants
92
Suits on behalf of Idiots Lunatics and Persons of Weak Mind
94
Capacity of Foreign Executors Administrators and Receivers to sue
95
Liability of States to Suits by Private Persons
100
Liability of a State to a Suit by another State
107
Suits against Idiots Lunatics and Persons of Weak Mind
108
Suits against Married Women
109
CHAPTER III
110
Parties with no Interest in the SubjectMatter of the Suit
111
Persons who on account of their Interest need not be made Parties to a Suit in Equity
112
Cases where the Law has furnished a Representative
116
Suits by a Complainant on behalf of himself and others similarly situated
119
Illustrations of Bills filed by Representatives
120
Suits against one or more of a Class
121
Suits by or against one or more as Representatives of a Class claiming a Common Right
122
Omission of Defendants not within the Jurisdiction of the Court
123
Formal Parties who may be omitted when without the Juris diction
126
Parties indispensable to a Decree
129
When Numerous Interests have been created for the Purpose of preventing the Plaintiff from obtaiving Equitable Relief
133
When the Plaintiff waives his Right against a Person
134
Relaxation of Rules as to Parties in Special Cases
135
Objection for Want of Parties
136
Objection for Joinder of Improper Parties
138
CHAPTER IV
139
Definition and Classification of Bills
140
Frame of a Bill in Equity
142
The Address and Introduction
143
The Narrative Part of a Bill
144
Scandal and Impertinence
145
Certainty
147
Inconsistency and Bills with a Double Aspect
149
71 Multifariousness in General
152
Multifariousness by Misjoinder of Plaintiffs
153
Multifariousness by Misjoinder of Defendants
154
Multifariousness without Misjoinder of Parties
157
Objections for Multifariousness
159
Special Provisions of the Federal Equity Rules and Practice
160
Bills to enjoin the Infringement of Patents
162
General Rules of Equity Pleading
165
The Common Confederacy Clause
168
The Charging Part
169
The Interrogatory Clause
170
The Prayer for Relief
171
Waivers and Offers
172
The Prayer of Process
175
The Signature to a Bill
176
Affidavits to Bills
177
Bills of Interpleader
178
Bills in the Nature of Interpleader
181
CHAPTER V
183
Issue of the Subpoena
185
Personal Service of a Subpoena
186
95 Service upon Corporations
188
Substituted Service of a Subpoena
191
Statutory Service of a Subpoena
193
Exemptions from Service of Subpæna or other Process Legal or Equitable other than Arrest
195
CHAPTER VI
198
Effect of an Appearance
199
When an Appearance must be made
200
CHAPTER VII
201
Practice in taking a Bill pro confesso
202
Locality of Proceeding
205
CHAPTER VIII
208
Demurrers to Parts of Bills
210
Classification of Demurrers to the Relief
212
II
213
Demurrers to the Discovery
215
Of what Defects Advantage should be taken by Demurrer
216
When a Demurrer should be Filed
217
Statement of the Extent of the Demurrer
218
Demurrers ore tenus
220
Prayer of Judgment
221
Setting Demurrer down for Argument
222
Overruling a Demurrer
223
Sustaining a Demurrer
225
CHAPTER IX
226
Definition and Classification of Pleas
227
Pleas in Abatement in General 126 Pleas to the Jurisdiction 127 Pleas to the Person 128 Pleas to the Bill
228
Pleas of Pendency of another Suit
233
Pleas of Want of Parties
234
Pleas of Statutes
235
Pleas of Matter of Record
237
Pleas of Matter in Pais 134 Pleas to the Discovery
238
When a Plea must be filed 136 Frame of a Plea
239
Answers with Pleas
241
Proceedings of the Plaintiff when a Plea is filed
242
Motion to take a Plea off the File
243
Argument of a Plea
245
Motion for a Reference of a Plea 142 Hearing upon Pleas
247
General Remarks upon Pleas Page 226 228 229 229 230 231 234 234 236 238 238 239 239 241 242 243 244 247 247
249
CHAPTER X
250
Defenses peculiar to Patent Cases
253
Admissions and Denials independent of Discovery
254
Impertinence and Scandal
255
Discovery
257
Proceedings to compel Answer
260
Frame of Answer
261
Signature and Oath to Answer
262
Motions to take Answers off the File
263
Exceptions for Insufficiency
265
Supplemental Answers 155 Disclaimers 250 251 254 255 256 260 260 262 263 264 267
267
CHAPTER XI
269
When a Replication should be Filed
270
Effect of a Replication 159 Frame of a Replication
271
CHAPTER XII
273
Form and Effect of Amendment of a Bill
275
What Amendments to Bills may be made
276
Amendment by Pleading Matters subsequent to the Filing of the Bill
279
Proceedings upon an Amended Bill
280
Amendments of Demurrers Pleas and Replications
281
Practice in obtaining Leave to Amend
284
CHAPTER XIII
286
When a CrossBill should not be Filed
287
VI
289
Frame of a CrossBill
291
Practice after Removal 839
292
Proceedings upon CrossBills
293
CHAPTER XIV
296
Effect of Abatement
298
When a Suit may be Revived and Effect of Revivor
299
Who may Revive a Suit
300
Manner of Revivor in General
301
Definition of Bills of Revivor and Parties to the Same
302
Frame of a Bill of Revivor
303
Proceedings upon Bills of Revivor
304
Bills in the Nature of Bills of Revivor in General
307
Frame of Bills in the Nature of Bills of Revivor and Proceedings upon them
308
What renders a Suit defective
310
Supplemental Bills
311
Parties and Frame of a Supplemental Bill
313
Proceedings upon Supplemental Bills
314
Petitions for Leave to Sue in forma pauperis
331
Petitions of Intervention
332
Form of Petitions and Practice upon them
335
Orders
336
Judges who may grant Orders
338
CHAPTER XVI
341
Injunctions to restrain Corporations from violating their Charters
342
Injunctions to enforce the Specific Performance of Covenants and other Contracts affecting Land
344
Injunctions to restrain a Multiplicity of Suits
345
Injunctions to prevent Irreparable Injury for which the Remedy at Law is inadequate in General
346
Mandamus 701
351
Injunctions to restrain the Alienation of Property
352
Injunctions to prevent Waste
353
Injunctions to prevent the Continuance of a Nuisance
354
Injunctions to restrain Trespass
356
Injunctions to restrain the Infringement of Patents
357
Injunctions to restrain the Infringement of Copyrights
361
270
363
Injunctions to restrain the Unlawful Use of Trademarks
364
Injunctions to prevent the Opening of Letters
366
221 Injunctions to compel the Delivery of Personal Property tor tiously withheld
367
When Injunctions will not Issue
369
Libel 851
371
Distinction between Provisional and Perpetual Injunctions
374
Time and Place of Applications for Interlocutory Injunctions
375
Special Practice of the Federal Courts in the Issue of Injunc tions
376
Notice of Application for Interlocutory Injunction
379
Affidavits upon an Application for an Injunction
380
271
382
The Writ of Injunction
383
Dissolution of Interlocutory Injunctions in General
385
Dissolution of Injunctions for Causes arising after their Issue
387
The Imposition of Terms upon the Issue Denial Dissolution or Continuance of an Injunction
388
Perpetual Injunctions
393
CHAPTER XVII
394
When Receivers will be Appointed
395
Rules regulating the Appointment of Receivers
398
Ancillary Receivers
399
Terms upon the Appointment of Receivers and Preferences in Foreclosure Suits
400
Property over which Receivers may be Appointed
414
Powers of Receivers in General
419
Powers of Receivers of Railroads
421
Receivers Certificates
425
Advice to Receivers
427
Litigation by Receivers
429
Duties of Receivers
433
Liability of a Receiver
435
Manner of applying for the Appointment of a Receiver
440
Who may apply for the Appointment of a Receiver 254 Manner of the Appointment of a Receiver
442
Who should be appointed Receiver
443
The Receivers Security
445
Receivers Accounts
447
Compensation of Receivers
449
Removal of Receivers
451
Discharge of a Receiver
453
CHAPTER XVIII
455
Against whom the Writ will Issue
456
Practice in obtaining the Writ of Ne Exeat
457
CHAPTER XIX
461
Constructive Admissions
462
Documentary Evidence in General
463
Federal Statutes regulating Admission of Documentary Evidence
465
Evidence
466
Appeals
472
Writs of Error from and Appeals to the Circuit Courts 1009
480
Definition and Use of an Affidavit
482
Title of an Affidavit
483
Execution of an Affidavit
484
Competency of Witnesses
485
Subpoenas ad Testificandum
489
Service of a Subpoena ad Testificandum
490
276a Depositions in the District of Columbia for use in Suits pending elsewhere
492
Compelling a Witness to testify
493
Testimony taken in Equity which may be used in other Courts
494
Bills to take Testimony de bene esse
497
Bills of Discovery
498
Petition for Removal from a State Court to a Circuit
499
Testimony taken before a Cause is at Issue
500
Present Method of taking Testimony within the Jurisdiction
502
Testimony taken after a Cause is at Issue and beyond the Juris diction of the Court
509
Form of Deposition under Acts of Congress
515
288 Commission issued under a Dedimus Potestatem
518
Bond on Removal
519
Proceedings under a Dedimus Potestatem
520
Letters Rogatory
523
CHAPTER XX
532
Dismissal of Bills for want of Prosecution
534
Dismissal for Failure to Perfect or Revive a Suit
537
Election
538
CHAPTER XXI
540
Manner of Hearing a Cause
541
Rules of Decision upon a Hearing
542
Objections which cannot be made at the Hearing
544
Action of the Court upon a Hearing
545
ISSUES AT LAW 301 Power of Courts to direct Issues at Law
547
VOL I
548
Time when an Issue is directed
549
Effect of the Finding of a Jury upon an Issue
551
Proceedings after the Trial of an Issue
553
CHAPTER XXIII
554
Who may be appointed Master
555
Parties entitled to attend a Reference before a Master
556
Proceedings before a Master in General
557
A State of Facts
559
Evidence before a Master
560
Masters Reports and Compensation
561
455
562
Sales by Masters
564
CHAPTER XXIV
568
Decrees in personam
570
Absolute and Conditional Decrees
572
Decrees in the Nature of Decrees nisi
575
CHAPTER XXV
580
Tender 859
581
457
582
Second Writ of Error or Appeal
585
Attorneys Fees
587
Proceedings in Prize Causes 873
589
Clerks Fees
597
Report of Appraisers 1204
599
CHAPTER XXXII
609
33la Commissioners Fees
616
Answer in Admiralty 1205
617
Marshals Fees
621
Interlocutory Decree and Default in Adiniralty 1209
627
Witnesses Fees
639
Miscellaneous Disbursements
641
Costs out of the Fund
643
Costs as between Solicitor and Client 337 Taxation of Costs 338 Security for Costs Page 584 585 585 596 616 620 637 640 642 644
644
ENFORCEMENT OF DECREE AND ORDERS
647
Exceptions Amendments 859
654
656
656
CHAPTER XXVII
664
Petitions for a Rehearing
667
Supplemental Bills in the nature of Bills of Review
668
Bills of Review
671
Provisions peculiar to Bills of Review for Matters of Fact newly discovered
672
Provisions common to all Bills of Review
675
Bills in the nature of Bills of Review
677
Bills to impeach Decrees on Account of Fraud
679
Bills to Suspend or Avoid the Operation of Decrees and Judg ments 672 673 677 678
680
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Popular passages

Page 510 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.
Page 18 - ... is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the case may appear.
Page 96 - Claims shall have jurisdiction to hear and determine "all claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States...
Page 252 - Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth.
Page 30 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 32 - ... nor shall any circuit or district court have cognizance of any suit except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee, or of any subsequent holder...
Page 489 - Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.
Page 358 - ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall assess the same or cause the same to be assessed under its direction.
Page 510 - Court, or any chancellor, justice or judge of a Supreme or Superior Court, mayor or chief magistrate of a city, judge of a County Court, or Court of Common Pleas of any of the United States...
Page 252 - That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same ; or, Third.

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