Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law in the Circuit Courts of the United States : Accompanied With, as a Basis of Federal Judicial Procedure, a Statement of the Dual System of Government Created by the Federal Constitution and the Constitutional Limitations Imposed Upon the State and Federal Governments and the Creation of the Federal Judicial System and the Jurisdiction of All the Federal Courts, Volumen1

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T.H. Flood, 1908 - 1071 páginas

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Objections to the admission of evidenceMust be specific 756
lxxvi
SameExistence of negligence or contributory negligence
lxxxiv
SameThe two classes of cases removable under special
lxxxv
a question for the jury
xc
Same
cxii
Ejectment not maintainable in the Federal courts on land
cxx
Suits arising under treaties of the United States 528
cxxii
CHAPTER I
1
No definite line between procedure and substantive law
2
SameJudicial murders in England 7 SameSameStatement of Hallam
3
Struggle in England for just procedure 9 SameIn American colonies
4
Federal procedure established by constitutional provision
5
Same
6
Same Further necessity for the examination of the con stitution in the study of federal procedure
7
SameA general view of the government requisite
8
CHAPTER II
9
By revolution the thirteen colonies became sovereign states
10
Two governments in each stateRelations between them Each supreme in its sphere
11
Sovereignty of the state restricted by the federal constitu tion 12
12
Two judicial systems in each state
13
The government of the United States is national in its char
14
To what circuit court the removal of the cause is to be made 571
17
Constitutional provisions correlated to the commerce clause
20
Ejectment maintained in the Federal courts in Pennsylvania
22
572
23
the soils beneath them
26
Remanding causes to the state courts
30
Admiralty jurisdiction of the United States over the public
32
Same None but nonresident defendants can remove
33
The methods and means of executing inspection
36
SameConstituent elements of the jurisdiction 506
40
THE DEFENSES OF DEFENDANT IN A SUIT AT COMMON
43
a STATEMENT OF SOME GENERAL PRINCIPLES INTRODUCTORY
45
Same Corporation created by a state a citizen thereof 532
48
CHAPTER IV
50
All defendants required to join in application for removal
52
When United States supreme court follows state decisions
54
SameA state not a citizen 533
56
SameInsurance policies
61
The circuit courts have no appellate jurisdiction
63
Condemnation of property used in aid of insurrection
65
Office and functions of the grand jury 101
66
Great and important limitations imposed by the constitution
67
Same SameWhen state procedure permits legal actions
69
SameStatutory definitionPunishment of treason
72
Only the strictly local laws of the state are binding on
74
Same SameObjects and purposes of parliamentary
78
SameControlling force of the federal constitution
86
SameDiscovery in a suit in chancery
93
Same
94
a TRIAL BY JURY
108
Preparing the defense 716
115
No person compelled to be a witness against himself in
123
333
124
SameWhen accused discharged
126
Same Meaning of the phrases cases in law and suits at common law
127
SameNot to be defeated by blending legal and equitable demands
128
The maxim Nemo tenetur seipsum accusareIts history
129
Fact tried by jury not reexamined otherwise than accord ing to the rules of the common law
130
SameDoctrine stated by Justice Gray
131
Eminent domain
132
SameWhat is a taking
133
SameMode of procedure in exercising the power
134
Writ of habeas corpus
135
CHAPTER VI
137
Same
140
SameSamePower of United States circuit courts to
142
The purposes of this chapter
143
Principles of the government as settled prior to the adoption of the late amendments
144
Removal of suits arising under the constitution or laws
145
SameDivided sovereigntyThe doctrine of Marshall Ta ney and Waite
146
SameMunicipal sovereignty of the states defined
148
Same Same States power of taxation
150
SameSameTaxation of property employed in interstate commerce
151
SameSameTaxation of intangible property
152
Same Same Same
153
SameSameInheritance tax
155
System of government not changed by the adoption of the late amendments
156
The police power of the states preserved intact
157
INTERVENTIONS IN SUITS AT COMMON LAW IN THE CIRCUIT
158
SameState police regulations incidentally affecting inter
160
SameWhen there are more plaintiffs or defendants than
162
53
167
Suits in equity and actions at law arising under the acts
173
Same Modern methodJudicial inclusion and exclusion
188
95
194
SameCommon law rule
196
556
198
The judicial power of the United States embraces three
202
and exceptions to the rule
209
242
212
Complex nature of those rights denominated Privileges
215
SameProvisions of the articles of confederation
219
Privileges and immunities of the citizens of the several states under the constitution
220
SameDefined by Justice Field
221
SameDefined by Justice Miller
222
SameEquality of right in assets of insolvent debtor
223
SameSameLiberty of contract
224
SameCorporations not citizens within the meaning of this constitutional provision
226
Same Common property of the stateFisheries
227
SameMarital rights
228
SameStatute of limitations not running in favor of party out of the state
229
What are not privileges and immunities of citizens of the United StatesRight to vote
231
Same State statutes prohibiting the carrying of danger ous weapons
232
Same State judicial procedure
233
SameSameJury in civil cases
234
Same SameForm of action in civil cases
235
SameThe states control their own judicial procedure Law a progressive science
237
Same First ten amendments no restraint on the states
239
Same Same Criminal prosecution upon information
240
Nonsuit upon the trial 794
242
Removal of suits between citizens of different states
243
Fourth and fifth amendments violated by federal legislation
246
The circuit court the great court of original jurisdiction 492
247
618
249
Same State statute denying nonresident corporation
252
SameBill in equity to enjoin infringement
257
Same Same Local assessmentsrule of apportionment
258
The commencement of an action at law in the federal cir
262
SameRules stated by supreme court of Wisconsin
264
SameState statute making proof of fire by railroad
266
Ejectment maintained in the Federal courts on prior posses
276
The right to vote derived from the state
283
The remedy by intervention unknown at common law 728
285
101
286
Same Charters of private corporations
287
Intervention cannot be used to blend legal and equitable
292
SameAxioms in American jurisprudence
293
Jury carrying with them written evidence upon retiring from
295
Ejectment maintained in the Federal courts on legal title
296
CHAPTER XXI
298
CHAPTER VII
311
Judicial power requisite to the existence of government
312
The vital principle which supports written constitutions The duty of the judiciary
313
SameNo judiciary under the confederacy
314
The federal government created and invested with full ju dicial power
315
The limits of the judicial power defined in the constitution but the power not distributed by it
316
SameConstitutional distribution of judicial power to the supreme court
317
The constitution requires the judicial power to be vested in a system of federal courtsNot in the state courts
318
Same Inferior courts of the United States
319
The constitution mandatory upon congress to organize the federal judiciary
320
SameCreation of the United States circuit courts of
321
CHAPTER VIII
330
rights
332
SameJurisdiction of the court of claimsUnited States
336
penalties
339
The distinction between legal and equitable remedies
340
Neither petition for writ of error nor assignment of errors
341
Application for the writ 812
342
Same Power of congress to regulate the exercise of the
343
No reexamination of facts upon writ of error from
349
Bills of exceptions defined 796
352
Degree of certainty required in setting up the federal ques
355
forms a part of record
357
To give the supreme court jurisdiction the federal question must have been decided adversely to the plaintiff in er ror
358
Writ of error lies to review final judgments only
360
SameFinal judgment defined
361
To what court of the state the writ of error should be
362
Same The writ should run to the court where the record remains
363
The writ of error the foundation of the jurisdiction
364
Form and requisites of the writ of error
365
SameWhen clerk of state court refuses to make return
366
Plaintiff could not recover in ejectment at common
367
Supersedeas upon writ of errorA statutory remedy
368
Citation in errorBy what judges signed
369
Mode of serving citation in error
371
Parties to writs of error
372
The plaintiff in error must have a personal interest in the federal question
373
The plaintiff in error must bring his case within the judi ciary act
374
b APPELLATE JURISDICTION OVER THE INFERIOR FEDERAL COURTS 459 Appellate jurisdiction of the supreme court over circuit and distric...
375
SameNo pecuniary limit
376
SameWrits of error on behalf of the United States in criminal cases where there has been no jeopardy or ver dict in favor of defendant
377
466a SameTime allowed for taking writ of error on appeal
379
CHAPTER XX
380
The general requisites of the declaration complaint or
383
SameJoinder under code procedure 696
386
Suits to redress deprivation of rights secured by the consti
390
contractu
391
Application for the writ of habeas corpus
392
594
393
Distinction between judicial power and jurisdiction
394
Same Power of supreme court to issue writ in exercise
398
SameFour great federal judiciary acts
400
Appearance at common law 709
401
a THE BASIS OF THE ADMIRALTY JURISDICTION OF THE FEDERAL
405
The question as to the limits of the judicial power in ad miralty and maritime jurisdiction is a judiciarl question
407
SameJudicial tendency to enlarge the jurisdiction
408
The general maritime law not in force in this country ex cept so far as adopted
409
The power of congress to legislate upon the subject of mari
410
time law
411
The maritime code of the United States
412
SameThe Harter act
413
The law of the high seas
414
Same Contracts of affreightment made in foreign coun tries
415
In the adjudication of prizes courts of admiralty are gov erned by the laws of nations
416
Seizure and condemnation of piratical vessels
417
Rule defining the public navigable waters of the United States
418
SamePortage and artificial improvements
420
SameNavigable rivers flowing wholly within the terri torial limits of one state
421
SameSameSameThe Yazoo river in the state of Mis sissippi
422
SameSameSameGrand river in the state of Michigan
423
Same SameSameFox river in the state of Wisconsin
424
Same The admiralty jurisdiction not controlled by the power to regulate commerce
425
SameWhat are navigable waters is a judicial question
426
Rule defining navigable waters of the state
427
Criminal jurisdiction in admiralty
428
SameAct of Feb 26 1845Founded in judicial mistake
429
SameSameSameObsolete legislation
430
Same The states may create maritime liens but cannot confer on their own courts admiralty jurisdiction to en force them
431
Maritime contracts
432
Same Same SameMortgage not made maritime con tract by the registry act
433
Marine torts
434
549b SameDifference between maritime lien and common law lien
435
SameA maritime lien is a present right of property
436
SamePriority of maritime liens
437
SameSameMaritime lien for supplies takes precedence over prior mortgage
438
Forms of actions or suits in admiralty
439
b THE EXCLUSIVE ORIGINAL JURISDICTION OF THE DISTRICT COURTS OF THE UNITED STATES IN ADMIRALTY AND MARITIME C...
440
SameImmaterial that the tort is committed within the waters of a foreign country
441
The ship and the owner not to be joined in the same libel
442
Jurisdiction of suits by seamen for wages
444
Towage contracts
445
Same State laws regulating pilotage constitutional
446
SameLibel for salvage against the United States
447
Jurisdiction of suits on policies of marine insurance
448
Jurisdiction of suits on maritime hypothecation
449
SameRespondentia bonds
450
Jurisdiction of suits on affreightment contracts
451
Stevedores
452
Jurisdiction of suits for damages by collision
453
Jurisdiction of suits for damages to vessels caused by ob structions negligently left in navigable waters
454
Jurisdiction of suits for assault and battery
455
Jurisdiction of suits under the limited liability act
456
SameSeizure necessary to vest jurisdiction
457
Jurisdiction of prize jure belli
458
SameInterventions
459
CHAPTER XIV
460
District courts are courts of common law equity and ad miralty
461
District courts are government courts
462
Statutes defining the jurisdiction of the district courts
463
Same Additional legislationRevised Statutes
464
Suits for penalties and forfeitures
465
SameExclusive jurisdiction of the district courts as to penalties incurred under the custom laws
466
SameSuits by receivers of national banks
467
SameSameJurisdiction to order receivers to sell or com pound debts and sell real and personal property
468
Suits for penalties and damages for frauds against the United States
469
Jurisdiction of seizures on land and waters not navigable
470
Suits by assignees of debentures
471
Suits to redress deprivation of rights secured by constitu tion and laws of the United States
472
Suits brought by aliens for torts in violation of the laws of nations or treaties
473
Suits against consuls and viceconsuls
474
Suits against the government under the Tucker Act
475
SameSetoffs and counterclaims
476
SameFour classes of cases contemplated by the Tucker Act
477
SameSuit for salvage when the government is benefited by the salvage service
478
SameA proceeding to condemn private property for public use is a suit at common law
479
Jurisdiction of suits under the act to prevent unlawful
480
Same Suit by assignee of chose in action 534
486-4
Jurisdiction of suits arising under the constitution laws
486-16
774
486-17
Suits at common law defined 638
486-24
Qualifications of jurors 738
486-26

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Página 350 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
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