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, Հատոր 1

Chrisenberry Lee Bates

T.H. Flood, 1908 - 1071 էջ

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Same_Creation of the United States circuit courts of	li

Amendment of process	liv

SameWhen there are more plaintiffs or defendants than	lxiv

661	lxvi

292	lxxii

517	lxxv

SameSameSameIllustration Condemnation proceed	lxxix

Order giving time to prepare a bill of exceptions 810	lxxxiii

SameState statute denying nonresident corporation equality in distribution of insolvents assets	252

SameWhen notice and an opportunity to be heard are requisite	254

SameSameWhat is due process of law in taxation General rule	255

SameSameSameNotice	256

SameSameLocal assessmentsrule of apportionment	257

SameSameSameFrontage ruleNorwood y Parker	258

SameSameTaxing nonresident mortgagees interest in the mortgaged land	259

SameSame Classification for taxation	260

THE CONSTITUTIONAL BASIS OF PROCEDURE IN THE COURTS	1

SameMechanics lien cannot be enforced in an action	7

CHAPTER II	9

The government of the United States is national in its char acter	14

Implied powers of the federal government	15

SameMeaning of implication	16

The powers of government classified according to their dis tribution by the constitution	17

The commercial powerReasons for vesting it in the na tional government	18

The power to regulate commerce is vested in the legislative branch of the government	19

Constitutional provisions correlated to the commerce clause	20

Commerce within the meaning of the constitution is a unit	21

The commercial power of congress does not extend to state commerce	22

Commerce defined	23

Failure of congress to act in regard to any commercial sub ject of a national nature is a declaration that as to such matter commerce shall remain free ...	24

The reserved powers of the states	25

Sovereignty of the states over their navigable waters and the soils beneath them 42 SameTide WatersThe Great Lakes	26

Same Mississippi River	27

Riparian rights determined by state laws 45 Riparian rights subordinate to the commercial power of congress	28

Authority to maintain bridge across navigable stream 47 SameFederal statute requiring assent of the federal gov	30

Power of the states to improve their harbors bays and navi gable rivers 49 SameFederal statute requiring assent of the federal gov ernment 50 Distinct...	31

Admiralty jurisdiction of the United States over the public navigable lakes and rivers of the states	32

State pilotage lawsAdministered in federal courts	33

SameConstituent elements of the jurisdiction 506	40

CHAPTER III	43

CHAPTER IV	50

THE STATE SYSTEM OF PLEADING FOLLOWED IN THE FED	52

When United States supreme court follows state decisions	54

SameSameSuit brought by state on relation of a party 533	56

CHAPTER V	65

Same Effect of the fourteenth amendment	71

SameStatutory definitionPunishment of treason	72

Independent and coordinate jurisdiction of the federal	73

SameDefined by United States supreme court 105 Limitations upon the power of the government in prosecu tions by impeachment	74

SameHistory and character of the procedure in England The commons the grand inquest of the realm	75

SameSameObjects and purposes of parliamentary	78

SameObjects and purposes of impeachments under the federal constitution	79

SameRestraint upon pardoning power of the president 110 SameRight of trial by commonlaw jury	80

Due process of lawMaxims of the English constitution and the common law 112 Same Means and methods by which these guaranties were violated	81

Due process of law secured by constitutional limitation upon both federal and state governments	82

The constitutional provision securing due process of law as against the action of the federal government 115 SameThe inhibition is a restraint on all t...	83

The federal rule for determining what is due process of law	85

SameControlling force of the federal constitution 119 SameSameDecision of administrative officers as to right of foreigners to enter the United States	86

The due process of law of the English constitution em bodied in the amendments to the federal constitution 121 Unreasonable search and seizure XX	88

SameRequisites of lawful search	89

No person compelled to be a witness against himself in a criminal case	90

SameExtent and application of the principle	91

Same Meaning of the words any criminal case	92

SameSameDiscovery in a suit in chancery	93

SameSameAct in relation to testimony before the inter state commerce commission	95

The maxim Nemo tenetur seipsum accusareIts history and exceptions to the rule	96

SameTest of admissibility of confessions	98

Fourth and fifth amendments violated by federal legislation	99

Presentment or indictment by grand jury required in prose cutions for infamous crimes	101

Office and functions of the grand jury	102

Preparing the defense 716	115

tion	125

SameWhen accused discharged	126

SameMeaning of the phrases cases in law and suits at common law	127

demands	128

SameNot applicable to court of claims	129

Fact tried by jury not reexamined otherwise than accord ing to the rules of the common law	130

SameDoctrine stated by Justice Gray 31	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

The purposes of this chapter	143

Principles of the government as settled prior to the adoption of the late amendments	144

SameDivided sovereigntyThe doctrine of Marshall Ta ney and Waite	146

SameMunicipal sovereignty of the states defined	148

SameSameStates power of taxation	150

SameSameTaxation of property employed in interstate commerce	151

SameSameTaxation of intangible property	152

Same SameSame	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

SameState police regulations incidentally affecting inter	160

be redeemed in cash	170

The power of the states to maintain their own internal pol	176

SameSame SameIndividual invasion of the rights guar	182

Frivolous contentions of litigants	189

THE VENUE OF SUITS IN THE CIRCUIT COURTS OF	191

SameCommon law rule	196

667	198

The principle upon which foreign ministers are exempt	202

PARTIES TO SUITS AT COMMON LAW IN THE CIRCUIT COURTS	206

Principle upon which children born in hostile occupation	208

The fourteenth amendment added nothing to the rights	214

677	216

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

Same Equality of right in assets of insolvent debtor	223

SameSameLiberty of contract	224

679	225

SameCorporations not citizens within the meaning of this constitutional provision	226

SameCommon 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

SameState statutes prohibiting the carrying of danger ous weapons	232

SameState judicial procedure	233

SameSameJury in civil cases	234

SameSameForm of action in civil cases	235

796	236

SameThe states control their own judicial procedure Law a progressive science	237

SameFirst ten amendments no restraint on the states	239

SameSame_Criminal prosecution upon information	240

SameSame_Capital execution by electricity	241

SameSameUnreasonable searches and seizuresEvi dence	242

SameSameTrial without jury in civil cases	243

SameSameContempt trial without a jury	244

SameSameForm of action or proceedings 281 Same Eminent domain	245

SameSameWhether a taking is for a public use presents a federal question	246

SameSameTaking for private use	248

Same SameState laws fixing destructive rates for com 285 Same State law requiring transfer facilities at railroad intersections	249

Same SameLimitations of the fourteenth amendment operate on all instrumentalities of the state government	251

SameTaxing power vested in the legislature	261

9 EQUAL PROTECTION OF THE LAWS 299 The states prohibited denying equal protection of the laws	263

Same Rules stated by supreme court of Wisconsin	264

SameState statutes making railroad companies absolutely responsible for damages by fire from their engines	265

SameState statute making proof of fire by railroad	266

SameSamePower of United States circuit courts to	285

797	286

Bills of credit defined	298

The states prohibited from levying tonnage tax	304

CHAPTER VII	311

SameEjectment bill not aided by prayer for an account	312

SameConstitutional distribution of judicial power to	317

SameSameAverment of frivolous constitutional ques	328

CHAPTER VIII	330

951 Venue when the jurisdiction is founded on the diversity	331

Same SameJury summoned to try issues in chancery	335

Same Jurisdiction of the court of claimsUnited States	336

Judgments in suits at common law reviewed upon writ	341

Text of the federal statutes regulating the exercise of	344

The jurisdiction of the supreme court must appear from	350

Bills of exceptions defined	352

SameFederal question must be called to attention of state	356

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

SameFinal judgment defined	361

To what court of the state the writ of error should be	362

SameThe 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

Supersedeas upon writ of errorA statutory remedy	368

Citation in errorBy what judges signed	369

A petition for removal is a special appearance only 713	370

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

0 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

Appellate jurisdiction of the supreme court over the court	378

CHAPTER XVI	380

Jurisdiction of the supreme court to issue the writ when	384

SameSameConcurrent jurisdiction of state courts	391

THE JURISDICTION OF THE SUPREME COURT TO ISSUE WRITS	394

814	395

Jurisdiction to issue the writ under the original judiciary	401

SameSameSuit on bond of United States marshal 524	403

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 time law	410

Legislative adoption of rule of general maritime law	411

The maritime code of the United States	412

SameThe Harter act	413

The law of the high seas	414

SameContracts of affreightment made in foreign coun tries	415

In the adjudication of prizes courts of admiralty are gov 4 16 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

AMENDMENTS OF PLEADINGS AND PROCESS IN SUITS AT	419

SamePortage and artificial improvements	420

SameNavigable rivers flowing wholly within the terri torial limits of one state	421

SameSameSame The Yazoo river in the state of Mis sissippi	422

SameSameSameGrand river in the state of Michigan higan	423

SameSameSameFox river in the state of Wisconsin	424

SameThe 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

336	428

SameAct of Feb 26 1845Founded in judicial mistake	429

SameSameSameObsolete legislation	430

SameThe states may create maritime liens but cannot confer on their own courts admiralty jurisdiction to en force them 6	431

Same Contracts not maritimeBuilding ship	432

SameSameSameMortgage not made maritime con tract by the registry act	433

Marine torts	434

549b Same Difference between maritime lien and common law lien	435

SameMaritime liens arise out of both contract and tort	436

SamePriority of maritime liens	437

SameSameMaritime lien for supplies takes precedence over prior mortgage	438

Forms of actions or suits in admiralty	439

6 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

SameState 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 589 SameCollision infra corpus comitatus	453

Jurisdiction of suits for damages to vessels caused by ob structions negligently left in navigable waters	454

Jurisdiction of suits under the limited liability act	456

Same Seizure 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

SameAdditional legislationRevised Statutes 609 Criminal jurisdiction of the district courts	464

552	465

Subject of parties controlled by the rules of the common	470

523	478

Jurisdiction of suits under the act to prevent unlawful	480

THE BASIS OF PROCEDURE IN SUITS AT COMMON LAW IN	483

524

Same Suit by assignee of chose in action 534

SamePurpose of the act

SameWhen one of several plaintiffs or defendants dies

SameSameSameFenn v Holme 609

SameJurisdiction of the land department 612

535

federal courts

Procedure for the removal of causes on the ground of prej

SameMust state a case upon which a court of common

Qualifications of jurors

Այլ խմբագրություններ - View all

Federal Procedure at Law: A Treatise on the Procedure in Suits at ..., Հատոր 2
Chrisenberry Lee Bates
Ամբողջությամբ դիտվող - 1908

Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law ...
Chrisenberry Lee Bates
Դիտել հնարավոր չէ - 2015

Common terms and phrases

according accused action admiralty adopted amendment application arising authority Bank cause charged citizens City civil classes commerce committed common law congress Const constitution construction contract corporation County crime criminal decision defined determine district due process duty effect enforce England English equal established evidence execution exercise existence fact federal federal constitution follows foreign fourteenth amendment give given granted held immunities imports imposed indictment interstate issue judges judgment judicial jurisdiction jury Justice land legislation liberty limits maritime meaning ment nature navigable necessary offense officers operation original owner party person principles privileges procedure proceedings process of law prohibition protection provision punishment question Railroad reason regulate relation respect rule secured sovereignty Stat statute suits supreme court taking territory tion trial U. S. Stat Union United validity vested Wall waters witnesses writ writ of error

Սիրված հատվածներ

Էջ 150 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government. The completely internal commerce of a state, then, may be considered as reserved...‎

Հանդիպում է 1804-2006-ը 404 գրքում

Էջ 192 - The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade or any other pretence whatever...‎

Հանդիպում է 1801-2008-ը 819 գրքում

Էջ 236 - The fact that the right involved is of such a character that it cannot be denied without violating those " fundamental principles of liberty and justice which lie at the base of all our civil and political institutions ‎

Հանդիպում է 1798-2008-ը 664 գրքում

Էջ 484 - States from any foreign country any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever for the prevention of conception or for causing unlawful abortion...‎

Հանդիպում է 1873-2008-ը 272 գրքում

Էջ 180 - It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation or State action, of the kind referred to. It does not authorize Congress to create a code of municipal law for the regulation of private rights...‎

Հանդիպում է 1798-2008-ը 181 գրքում

Էջ 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...‎

Հանդիպում է 1807-2008-ը 530 գրքում

Էջ 219 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...‎

Հանդիպում է 1783-2008-ը 916 գրքում

Էջ 95 - But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before sadd commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.‎

Հանդիպում է 1776-2003-ը 379 գրքում

Էջ 279 - The fourteenth amendment to the Constitution of the United States does not prohibit legislation which is limited either In the objects to which it is directed, or by the territory within which it Is to operate. It merely requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions, both In the privileges conferred and In the liabilities imposed.‎

Հանդիպում է 1852-2005-ը 280 գրքում

Էջ 57 - After a statute has been settled by judicial construction, the construction becomes, so far as contract rights acquired under it are concerned, as much a part of the statute as the text itself, and a change of decision is to all intents and purposes the same in Its effect on contracts as an amendment of the law by means of a legislative enactment...‎

Հանդիպում է 1870-1999-ը 131 գրքում

Բիբլիոգրաֆիական տվյալներ

Վերնագիր	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 ..., Հատոր 1 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, Chrisenberry Lee Bates
Հեղինակ	Chrisenberry Lee Bates
Հրատարակիչ	T.H. Flood, 1908
Length	1071 էջ

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