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CHAPTER XV.
PROCEDURE OF FEDERAL COURTS WHEN SITTING AS
COURTS OF EQUITY.
Sec. 416. General Equitable Procedure........
Sec. 417.
Whether a Plaintiff Has a Remedy at Law De-
pends on Whether He Had Such Remedy in
1789. . .
279
Sec. 418. Federal Courts of Equity May Enforce New Equi-
table Remedies for Equitable Rights...... 279
Sec. 419. Federal Equity Procedure Uniform Throughout
the Country
Sec. 420. Equity Rules of Supreme Court Regulate Fed-
eral Equity Procedure.
PAGE
280
...
Sec. 421.
The New Equity Rules....
281
Sec. 422.
Sec. 423.
Technical Forms of Equity Pleading Abolished.. 281
The Bill
Pleas and Demurrers in Equity Are Abolished... 283
Must Answer Within Five Days After Denial of
Cross Bills Abolished, Counter-Claims in Answer
Substituted. . .
284
Sec. 431. What Affirmative Claims May Defendant in His
Equity Suit May be Turned Into a Suit at Law... 286
No Longer Necessary to Send Legal Issue to Law
Time Within Which Depositions Must be Filed.. 287
Expert Testimony in Patent and Trade-Mark
Reference to Special Masters Discouraged.....
Beginning Proceedings Before Special Master... 289
Proceedings Before Special Master.....
288
289
Sec. 450. Clerk May Make Orders in Course..
Sec. 451.
293
Sales Under Equity Decrees by the Federal
Courts.
CHAPTER XVI.
THE SUBSTANTIVE LAW APPLIED BY THE FEDERAL
COURTS.
Sec. 452. The Substantive Law Applied by the Federal
Courts to Cases Within Their Exclusive Ju-
risdiction. . .
294
Sec. 454.
Sec. 455.
Sec. 453. Substantive Law Applied by the Federal Courts
to Cases in Which Their Jurisdiction is Con-
current With Courts of the States....
Federal Courts Apply State Law.....
State Statutes Rules of Decision in Common Law
Trials in Federal Courts.....
295
Sec. 456. Federal Courts Are Bound by the Construction
Given by the Highest Court of the State to
Its Constitution and Statutes....
Sec. 457. Applicable State Statutes Will be Enforced by
Federal Courts Sitting in Equity Where the
Demarcation Between Law and Equity is Not
Affected...
Sec. 458. Section 721 Has Application to Substantive Law
and Not to Procedure.....
296
.....
Sec. 459.
When It is Claimed That the State Has Im-
paired the Obligation of a Contract the Deci-
cisions of the State Courts as to the Construc-
tion of a Statutory or Constitutional Provi-
sion Are Not Always Binding on Federal
Courts.. ... 297
Sec. 460. State Court Construction of State Statutes Made
After a Case Has Been Brought in the Fed-
eral Courts Not Binding Upon It..... . . .
Sec. 461. "Laws" of the State Do Not Always Include Its
Unwritten Laws
297
299
Sec. 462.
Reasons Why Supreme Court Will Not in Some
Matters Follow State Decisions....
301
CHAPTER XVII.
APPELLATE JURISDICTION OF THE COURTS OF THE UNITED
STATES-DIRECT APPEALS FROM DISTRICT
COURTS TO SUPREME COURT.
Sec. 463. Two Methods of Initiating Appellate Proceedings. 302
Sec. 464. Courts Over Which the Appellate Jurisdiction of
the Federal Courts May be Exercised....... 302
Sec. 465.
Sec. 466.
Jurisdiction of the Circuit Court of Appeals..... 302
Jurisdiction of the Supreme Court Over Direct
Appeals from the District Courts....
Sec. 467. When the Jurisdiction of the District Court is in
Issue.
Sec. 469.
......
303
304
306
Sec. 468. The Issue Must be as to the Jurisdiction of a Dis-
trict Court as a Court of the United States.. 304
Whether Defendant is Liable to Suit in the Partic-
ular District Raises a Question of Jurisdic-
tion Which Can be Carried Directly to the
Supreme Court
Whether Defendant Has Been Properly Served
With Process Raises a Question of Jurisdic-
tion Appealable to the Supreme Court....... 307
Sec. 471. Direct Appeal to the Supreme Court as to Juris-
diction Carries Up That Question Only...... 307
Same Party Cannot Take Two Appeals-One on
Sec. 470.
Sec. 472.
Sec. 473.
the Jurisdiction, the Other on the Merits.... 308
When Appeal is Taken to the Circuit Court of
Appeals on the Jurisdiction and Other Ques-
tions, the Circuit Court of Appeals May, But
Need Not, Certify the Question of Jurisdic-
tion. . .
Sec. 474. Lower Court Must Certify to Question of Juris-
diction. . .
Sec. 476.
309
..... 309
Sec. 475. Such Certificate Must be Granted Within the
Term at Which the Final Decree Was Made. 310
When Decree Constitutes Sufficient Certificate,
Appeal May be Taken at Any Time Within
Two Years. 310
Direct Appeal from Final Decree in Prize Cases. 310
Direct Appeals in a Case Involving the Construc-
tion or Application of the Constitution of the
United States
Sec. 477.
Sec. 478.
Sec. 480.
310
Sec. 479. In a Direct Appeal to the Supreme Court the Con-
stitutional Question Must be Controlling.... 311
When Construction or Application of Constitution
Controls, Supreme Court Passes on All Ques-
tions in the Case.....
Sec. 481. Where the Construction or Application of the Con-
stitution is the Only Question in the Case,
No Appeal May be Taken to the Circuit Court
of Appeals
Sec. 482. The Statute Does Not Permit Two Appeals from
District Court
Sec. 483. Constitutional Question is Not Involved Unless It
is Clearly Raised Below...
312
Sec. 484. Cases in Which the Constitutionality of Any Law
of the United States is Drawn in Question.. 313
Sec. 485.
Sec. 486.
Sec. 487.
Sec. 488.
Cases in Which the Validity or Construction of
Any Treaty of the United States is Drawn in
Question...
..... 313
A Case in Which the Constitution or Law of a
State is Claimed to be in Contravention of
the Constitution of the United States....... 313
Direct Appeals by Government in Criminal Cases. 314
A Direct Appeal Under the Act of 1907 is Lim-
ited to a Review of the Special Questions
Enumerated in the Statute.....
Sec. 489. Direct Appeals Under the So-Called Expedition
Act.
315
316
Sec. 490. The Expedition Act is Not Repealed by the Judi-
cial Code
317
Sec. 491. Appeals from Interlocutory Injunctions to Sus-
pend State Statutes or Orders of Administra-
tive Boards
Sec. 492.
Sec. 493.
CHAPTER XVIII.
APPEALS TO THE CIRCUIT COURT OF APPEALS.
Jurisdiction of the Circuit Court of Appeals..... 319
The Appellate Jurisdiction of a Circuit Court of
Appeals Does Not Usually Depend Upon the
Amount in Controversy.
Sec. 494. Appeals on the Facts May be Taken from Deci-
sions in Bankruptcy Proceedings in Three
Classes of Cases Only....
319
Sec. 495.
Sec. 496.
Sec. 497.
Sec. 498.
Sec. 499.
In What Cases the Decisions of the Circuit Courts
of Appeals Are Final.......
Do.-Under the Federal Trade-Mark Laws...
Do.-In Cases in Which Federal Jurisdiction is
Based Solely on Diverse Citizenship.....
In Criminal Cases It is Only the Defendant Be-
low Who May Invoke the Jurisdiction of a
Circuit Court of Appeals....
Decisions of Circuit Courts of Appeal Are Final in
All Cases in Which the Amount in Contro-
versy Does Not Exceed $1,000....
Sec. 500.
How the Amount in Controversy is Determined
for Purposes of Appeal.. . . .
323
Sec. 501. Amount in Controversy Where Defendant Makes
a Counter-Claim ....
An Order of the Circuit Court of Appeals Allow-
ing or Rejecting a Claim Exceeding $2,000.,
May Under Some Circumstances be Appeal-
able. . .
325.
CHAPTER XIX.
WRITS OF ERROR FROM SUPREME COURT TO STATE
Sec. 504. Section 25 of the Judicial Act of Sept. 24, 1789.. 326
Sec. 505. Right to Review is Confined to Questions Which
Affect the Boundary Between Federal and
State Sovereignty.
Sec. 506.
When the Federal Question is Involved, the Right
of Review is Not Limited to Any Particular
Kind of Suit, Nor is the Amount in Contro-
versy Material
328
....328
Sec. 507. The Various Classes of Cases in Which the Su-
preme Court May Issue Writs of Error to
State Courts
Sec. 508. When is the Validity of a Treaty or Statute or an
Authority Exercised Under the United States
Drawn in Question?........
Sec. 510.
Sec. 511.
329
... 330
Sec. 509. When is the Validity of an Authority Exercised
Under the United States Drawn in Question?. 330
When is the Validity of a Statute of a State or of
an Authority Exercised Under Any State.
Drawn in Question on the Ground That It is
Repugnant to the Constitution, Treaties or
Laws of the United States?..... 331
Cases Where a State Court Decision is Against a
Title, Right, Privilege or Immunity Espe-
cially Set Up or Claimed Under the Constitu-
tion or a Treaty or Statute of the United
States or a Commission or Authority Held or
Exercised Thereunder
In the Third Class of Cases Provided for by Sec-
tion 237, a Writ of Error Will Not Lie Unless
the Plaintiff in Error Has Specifically Set
Up His Claim in the State Court, and it Has
Been There Denied......
Sec. 512.
Sec. 513.
Sec. 514.
332
333
How Claim of Right Must be Specifically Set Up.. 334
The Supreme Court Has Jurisdiction Only When
the State Court Has Denied the Federal
Right. . .
Sec. 515. Plaintiff in Error is Not Entitled to a Writ from
Supreme Court Until He Has Carried the
Case to the Highest Court of the State to
Which He Can Take It.....
Sec. 516. Rule in Cases in Which a Higher State Court
May or May Not Allow an Appeal from a
Lower..
336
338
Sec. 517. The Supreme Court Has Jurisdiction to Pass on
the Federal Question Only..... 338