Hearing, April 18, 1938

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U.S. Government Printing Office, 1938 - 74 pages
 

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Page 23 - 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 1 - Be it enacted * * * That the Supreme Court of the United States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Page 22 - ... 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 1 - These rules will take effect on the day which is 3 months subsequent to the adjournment of the second regular session of the 75th Congress, but if that day is prior to September 1, 1938, then these rules will take effect on September 1, 1938.
Page 8 - ... 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 13 - States," in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...
Page 13 - The forms of mesne process and the forms and modes of proceeding in suits of equity and of admiralty and maritime jurisdiction in the circuit and district courts shall be according to the principles, rules, and usages which belong to courts of equity and of admiralty, respectively, except when it is otherwise provided by statute or by rules of court made in pursuance thereof ; but the same shall be subject to alteration and addition by the said courts, respectively, and to regulation by the Supreme...
Page 10 - Statements in the notes about the present state of the law, or the extent to which existing statutes have been superseded by or incorporated in the rules, should be taken only as suggestions and guides to source material. Such statements, and any other statements in the notes as to the purpose or effect of the rules, can have no greater force than the reasons which may be adduced to support them. The notes are not part of the rules, and the Supreme Court has not approved or otherwise assumed responsibility...
Page 10 - The notes in their revised form are now published by the Committee in order to preserve for the use of the profession material which the Reporter has so industriously gathered during the two and one-half years of the Committee's service. The notes show the background in Federal or State statutes and judicial decisions, in the Federal equity rules, or in the British system, of the procedure recommended by the Advisory Committee.
Page 10 - ... the Reporter has so industriously gathered during the two and one-half years of the Committee's service. The notes show the background in Federal or State statutes and judicial decisions, in the Federal equity rules, or in the British system, of the procedure recommended by the Advisory Committee. Statements in the notes about the present state of the law, or the extent to which existing statutes have been superseded by or incorporated in the rules, should be taken only as suggestions and guides...