Handbook of Federal Jurisdiction and Procedure, Volume 1

Front Cover
West Publishing Company, 1928 - 1151 pages
 

Contents

The Organization of the United States Supreme Court 1516
15
Special Federal Courts Commissions and Boards 1618
16
Special Federal Courts Commissions and Boards
17
United States Courts and United States Judges 1819
18
United States Commissioners Federal Probation Officers and Referees in Bankruptcy 2021
20
Military Courts
21
The Constitutional Grant of Judicial Power is not SelfExecuting 2325
23
The Federal Courts are Courts of Limited Jurisdiction 2530
25
Jurisdiction of the Federal Courts Limited to Judicial Questions and Proceedings 3035
30
The Judicial Power of the United StatesConcurrent and Ex clusive Jurisdiction of the Federal Courts 3539
35
The Federal Judicial Code and the United States Code 3944
39
CHAPTER 2
45
No CommonLaw Crimes Against the United States 5253
52
The Penal Code of the United States 5354
53
The Criminal Jurisdiction of the United States District Court
55
Criminal Procedure of the District Court 5657
56
Complaint and Warrant of Arrest 5760
57
Warrant of Removal 6062
60
The Preliminary Hearing 6263
62
Bail 6364
63
When Indictment or Presentment is Necessary 6566
65
Form and Content of an Indictment 6770
67
Joinder of Several Charges in One Indictment 7072
71
Methods of Objecting to an Indictment 7275
72
Delivery to Accused Before Trial of Copy of Indictment and Lists of Jurors and Witnesses
75
Information
77
DOBIE F J P vii
81
Jury Trial
85
42
91
Due Process of
98
Bill of Particulars and Subpoenas in Criminal Cases
106
Verdict and Sentence
113
Principals and Accessories
119
CHAPTER 3
125
When Jurisdictional Amount is Necessary
131
82
147
56
149
Joinder of Separate Claims to Make up the Jurisdictional
157
Cases Involving a Federal Question
163
Federal Question Must Appear in the Plaintiffs Statement
175
Diverse Citizenship Cases
184
Suits Between Citizens of Different StatesCorporations 195204
195
Suits Between Citizens of a State and Foreign States Citizens
204
68
210
Diversity of Citizenship Must Appear in the Record
220
72
232
The Admiralty Jurisdiction of the District Court
239
73
252
75
273
Suspension of the Writ of Habeas Corpus
314
85
327
155
328
86
336
CHAPTER 4
346
Notice of the Filing of the Removal Petition
419
110
427
The Removal Bond
447
Subsequent Procedure in the Federal Court
457
Motion to Remand
471
Inhabitant and Resident
476
The General Federal Statute of Venue
480
Venue and Process
489
Venue in Exceptional Cases Under Special Statutes
500
Venue and the Assignment Statute
506
128
515
CHAPTER 7
557
State Decisions Interpreting the Federal Constitution Laws
565
State Decisions on Questions of Wide Commercial Character
572
CHAPTER 8
579
The Conformity
585
System of PleadingAmendments and Jeofails
596
Motion for New Trial
635
Executions
642
168
655
Injunctions to Stay Proceedings in State Courts
676
177
683
178
690
181
700
182
708
185
715
188
722
189
729
191
736
193
751
The Correction of Decrees
759
The Enforcement of Decrees
767
The Writ of Ne Exeat
779
Section Page
787
The Appellate Jurisdiction of the Circuit Court of Appeals Over
797
Decisions of the District Court in Bankruptcy Cases 806817
806
The Appellate Jurisdiction of the Circuit Court of Appeals Over
817
Venue in the Circuit Court of Appeals 824826
824
The Methods of Review in the Circuit Court of Appeals 831834
831
CHAPTER 10
832
CHAPTER 11
837
Appellate Jurisdiction of the Supreme Court Over the Decisions
867
The Amount in ControversyProceedings in Wrong Federal
897
Procedure on Review by the Supreme Court of the Decisions
912
the Circuit Court of Appeals 926938
926
Philippine Islands 940941
940
Section Page
941
THE APPELLATE JURISDICTION OF THE CIRCUIT
946
APPENDIX
951
Equity Rules
1054
Supreme Court Rules
1074
INDEX
1087
Page 1099
1099
Copyright

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Common terms and phrases

Popular passages

Page 644 - The said courts shall have power to impose and administer all necessary oaths, and to punish, by fine or imprisonment, at the discretion of the court, contempts of their authority: Provided, That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Page 305 - States; or. being a subject or citizen of a foreign State, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection or exemption claimed under the commission, or order, or sanction of any foreign State, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify.
Page 39 - The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several states : "First. Of all crimes and offenses cognizable under the authority of the United States.
Page 344 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in the award.
Page 72 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses...
Page 870 - By the twenty-fifth section of the judiciary act of 1789, it is provided, "that 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 356 - 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, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 522 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 69 - No indictment found and presented by a grand jury in any district or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant...
Page 291 - An interlocutory or permanent injunction restraining the enforcement, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute...

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