A Manual of Practice in the Courts of the United States, Embracing the Revised Statutes of the United States, Relating to Federal Courts and Practice Therein, Volume 1

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S. Whitney & Company, 1893 - 744 páginas
 

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Personal rights
27
Suits of local nature
28
When land lies in different districts
29
Process where returnable
30
Offenses whue cognizable
31
Offenses punishable by death
32
Offenses on the high seas
33
Place of trial
38
Jury trial criminal 8 Trial by jury civil 9 Bail fines 10 Equal protection of the laws
46
Judges 12 Supreme law of the land
49
CHAPTER II
53
Offenses punishable with death where tried
141
Offenses on the high seas
142
CHAPTER III
144
Salaries of district judges
149
42 May be paid monthly 43 Clerks
150
In States enumerated 45 Deputy clerks 46 Compensation of deputy clerks
161
Records where kept 48 Indices to records
162
CHAPTER IV
165
When a Territory becomes a State after judgment or decree
217
Confirmation of perfect title limited
228
Prize causes after appeal
235
CHAPTER V
238
CHAPTER VI
240
Allotment of tlie justices to the circuits 65 Circuit judges 66 Additional circuit judge
241
Circuit courts where established 68 Circuit courts by whom to be held
243
Judges may be directed to sit together 70 Justices of Supreme Court to attend once in every two years S 71 Judges of circuit courts may sit apart
244
Circuit courts held at same time in different districts 73 Criminal terms in the southern district of New York how held 74 When district judges may s...
245
When suits transferred from one circuit to another 76 Causes certified back
247
Justices may hold courts of other circuits on request 78 When no justice is allotted to a circuit
248
Clerks
249
Deputy clerks
250
Compensation of deputy clerks 82 Commissioners
252
Officers forbidden to practice as attorneys
253
Jurisdiction original and concurrent 85 Citizens claiming lauds under different State grantsForeign citizens etc CHAPTER VII
254
CHAPTER VIII
301
Other suits
314
As relates to parties
334
Removal on ground of prejudice or local influence
344
Removal of cause against persons denied any civil rights
355
territorial court
363
Body of the party to be produced
366
Day for leaving
367
Denial of return
368
Summary hearingDisposition of party
369
In cases involving the law of nations
370
Appeals to circuit court
371
Appeal to Supreme Court
372
Appeals how taken
373
Pending proceedingsAction by State authority
374
No witness excluded on account of color or interest 376 Defendants in criminal cases competent witnesses
376
Testimony of witnesses before Congress not admissible against them in criminal prosecutions
377
Pleadings disclosures etc not to bs used in criminal proceed ings
378
Mode of proof in commonlaw actions
379
Mode of proof in equity and admiralty causes
380
Notaries may take depositions acknowledgments
381
Depositions de bene esse
382
Mode of taking depositions de bene esse
383
Transmission to the court of depositions de bene esse
384
Removal of suits by aliens in a particular case
385
Depositions in ferpetuam etc admissible at discretion of the court
386
Depositions under a dedimus potestatem how taken
387
Subpoena duces tecum under dedimus potestatem
388
Witness under a dedimus potestatem when required to attend
389
Depositions in District of Columbia in suits pending elsewhere
390
Same subjectWhen no commission nor notice
391
Same subjectManner of taking and transmitting the deposi tions
392
Same subjectWitness fees
393
Letters rogatory from United States courts
394
Letters rogatory from foreign courts
395
liubpeenas for witnesses to run into another district
396
Witnesses form of subpoenaAttendance under
397
Witnesses on behalf of indigent defendants in criminal cases
398
Recognhmuce of witnesses at the hearing of charges in criminal
399
cases 400 VermontRecognizance of witnesses how taken
400
Recognizance of witnesses required at any time on application of district attorney
401
rs
402
Copies of records etc in office of the solicitor of the treasury
403
Instruments and papers of comptroller of the currency
404
State court to proceed no further in the suit
405
Transcripts from books etc of the treasury in suits against delin quents
406
Transcripts from books of the treasury in indictments for embez zlement of public moneys
407
Copies of returns in returns office
408
Copies of postoffice records and auditors statement of ac counts
409
Copies of statements of demands by postoffice department
410
Copies of records etc of general landoffice
411
Copies of records etc of patent office
412
Remanding order not appealable
413
Printed copies of specifications and drawings of patents
414
Extracts from the journals of Congress 416 Copies of records etc in offices of United States consuls
416
Certain books and papers in offices of district and circuit courts in Texas Florida Wisconsin Minnesota Iowa and Kansas
417
Transcribed records in the clerks offices of western district of North Carolina
418
When original records are lost or destroyed
419
CHAPTER IX
420
Adjourned terms Missouri 157 California Oregon and Nevada special sessions 158 Kentucky and Indiana special terms
421
Records of United States courts Notice
422
Force and effect of papers restore I
424
Authentication of legislative acts and proof of judicial proceed ings of States
425
Proof of records etc kept in offices not pertaining to courts
426
Copies of foreign records etc relating to land titles in the United States
427
Terms of circuit courts
429
Revised Statutes
430
Burden of proof when it lies on claimant in seizure cases 432 Possessory actions for recovery of mining titles 432 a Supplement to Revised Statutes ...
432
Sealing and testing of writs
433
Teste of process day
434
Mesne process and proceedings in equity and admiralty
435
Effect of altering terms 123 Change of terms
436
Courts always open for certain purposec
437
District court open for admiralty of Florida 126 Terms in Kentucky and Indiana 127 Monthly adjournments for trial of criminal causes 128 Adjour...
438
Special terms 131 TennesseeWhen circuit judges may act as district judges
439
AdjournmentNonattendance of the judge 133 Alabama California and other States 134 Kentucky and Indiana
440
Intermediate terms 136 Business certified to circuit court in case of disability of district judge
441
Suits brought in district court after order to certify to circuit court 13s Powers of district judge vested during disability in circuit judge 139 Preparat...
442
413 Orders to save costs and consolidation of causes of a like nature 444 When the marshal or his deputy is a party in a cause
444
District judge designated to perform duties of disabled judge 141 Designation of judge in case of accumulation of business 142 Designation of anot...
445
Revocation and new appointment 144 Duty of judge to comply with designation
446
Designation of district judga when public interest requires 146 Expenses by district judge designated to southern district of New York 147 Of distric...
447
Issuing warrant duty of clerk and marshal
448
Ownership of attached propertyTrialOther remedies
449
When district judge is interested in suit pending before him 151 Continuance by vacancy in office of district judge 152 Vacancy in office of district...
450
Publication of attachment
451
Persons having property of defendants to account for itSales voidPersonal notice
452
Discharge of attachment bond
453
Mississippi special terms 160 Tennessee special terms 161 North Carolina special terms
454
Virginia and Wisconsin special terms 163 Special terms general rule
455
Special term business transacted at 165 Adjournment in absence of the judges
456
CHAPTER X
457
Issue tendered when garnishee denies indebtedness
458
Garnishee failing to appear
459
Bailing of property seized under customs laws
460
Sale after condemnation
461
In cases of seizure bailing of property in vacation
462
Delivery bond in admiralty proceedings
463
Special bail required in suit for duties and penalties
464
When defendant giving bail in one district is committed in another 466 Allowing prisoners to escape
466
Application of preceding section
467
Defendant held until judgment in the first suit 469 Bail and affidavits may be taken by commissioners of circuit courts
469
Calling of bail in Kentucky
470
When clerks may take bail d bene esse
471
Amendment of process
472
Priority of cases in which a state is a party
473
Number of justices 190 Precedence of the associate justices 191 Vacancy in the office of chief justice 192 Salaries of judges 193 Clerk marshal and...
474
Suits of United States against individuals what credits allowed
475
Marshal of the Supreme Court 197 Duties of the reporter
476
Reporters salary and price of reports
477
CHAPTER XII
478
Death of parties
479
CHAPTER XIII
480
Fed ProcB
481
Delinquents for public moneyJudgment at return term unless
482
Suits under postal lawsJudgment at return term unless etc 484 Suits on debenturesJudgment at return term unless etc 483 Suits on bonds for recover...
483
Judgment for sum due in equity on bonds
486
Judgment for duties etc to state that it is to be collected in coin
487
Interest on bonds for duties
488
Interest on balances due postoffice department 490 Interest on debentures
490
Interest on judgments 432 JudgmentsLien and record of 433 Record in Louisiana 494 Effect of judgments in California
494
When judgments of United States courts cease to be liens
495
When plaintiff or petitioner recovers in a circuit court less than certain amounts he recovers no costs
496
When costs of prosecution to be paid by defendant
507
When costs are recovered by defendant in a proeecution
508
Fees of clerk marshal etc when payable by informer when by United States
509
Costs when several actions are brought against parties who might be joined in
510
Allowance of costs in libels against vessels and cargo
511
Claimants costs to be paid before possession when
512
When district attorney Id entitled to but one bill of costs for sev eral prosecutions
513
Taxation of fees of witnesses before a commissioner
514
Attorney liable for costs vexatiously increased by
515
Bill of costs how taxed
516
Bill of costs to be sworn to before taxed or allowed
517
Executions to run In all the districts of a State
518
Executions in favor of United States to run in every State and Territory
519
Executions stayed on conditions
520
When judgment debtor entitled to a continuance of one term
521
Execution not to issue against officers of revenue in cases of prob able cause
522
Imprisonment for debt
523
Discharge from arrest or imprisonment on mesne or final process
524
Privileges of jaillimits
525
Goods taken on a fieri facias how appraised
526
Death of marshal after levy or after sale
527
Moneys paid into court where and how deposited
528
How moneys deposited to be withdrawn
529
Removal of causes by writ of error
530
Citation
531
CitationSupreme Court
532
Bond in error and on appeal
533
No bond required of United States
534
Writs of error to district courts acting as circuit courts
535
Writs of error to State courts manner of issue 537 Writs of error returnable to the Supreme Court how issued
537
Amendment of writ of error
538
Amendment in prize appeals
539
CHAPTER XIV
540
Writs of error and appeals to Supreme Court time for taking
541
Appeals in prize causes within what time
542
Damages and costs on affirmance in error
543
Reversal on error limited
544
Appeals from circuit courts to Supreme Court
545
Where both parties appeal to the Supreme Court one record sufficient
546
Offenders against the United States how arrested and how re moved for trial
547
Bail shall be admitted in cases not capitalBy whom
548
Writs of ne exeat
549
Temporary restraining orders 239 Injunctions
550
Surrender of criminals by their bail
551
New bail to be given in certain cases
552
When penalty of recognizances may be remitted
553
Indictments and presentments to be by at least twelve grand jurors
554
Offenses against the elective franchise how prosecuted
555
Form of indictment for perjury
556
Injunction to stay proceedings in State courts 241 Laws of the States rules of decision
557
Indictments for subornation of perjury
558
Matters set forth in prosecutions for perjury before a naval court martial
559
Charges which may be joined in one Indictment shall be so joined
560
Indictments defects of form
561
Judgment on demurrer to an indictment
562
When several indictments against the same persons one writ suf ficient
563
Copy of writ to be jailers authority original returned
564
Writ for removal of a prisoner from one district to another
565
Proceedings civil and criminal in vindication of civil rights 243 When suits in equity may be maintained 244 Power to order production of books a...
566
When peremptory challenges exceed the number allowed by
567
Prisoner standing mute
568
245 Power to impose oaths and punish contempts
569
Persons indicted for capital crimes entitled to counsel and to com pel witnesses
570
Verdict of less offense than charged
571
Occupants of landsRemedies for improvements
572
New trials 248 Power to hold to security for the peace and good behavior 249 Power to enforce awards of foreign consuls etc in certain cases 250 ...
573
Remission from district to circuit court of difficult cases
574
All capital cases remitted from district to circuit courts
575
When a capital case is carried to the Supreme Court execution postponed
576
Judgments for fines how collected
577
578 Poor convicts sentenced and imprisoned for fines
578
For offenses against navigation laws
579
Complaint and answer
580
Amendments and adjournments
581
Challenges to j mors
582
CHAPTER XV
583
Residence of officers
584
District attorneys and marshals 261 Term and oath of district attorneys 262 Salaries of district attorneys
585
Duties of district attorneys 264 Statement of suits 265 Returns of district attorneys to treasury
586
Witness fees costs etc to be certified to secretary of state
587
Returns of to commissioner of internal reven 267 Report by district attorne y 263 Marshals terms 269 Deputy marshals 270 Marshals salaries
588
Time allowed for extradition
589
Oath of marshals 272 Marshals bond 273 Returns to the solicitor of the treasury
590
Returns postoffice department 275 Vacancies how filled
591
Suits on marshals bondcosts 277 Marshals bond to remain after judgment 278 Limitation of bonds
592
Penalty for opposing agents
593
Duties of marshals 280 Powers of marshals
594
In case of death 282 May execute process in their hands when removed
595
Oath of clerks
596
Clerks bond
597
Clerks and marshals when to give increased bond 286 Bond of deputy clerks
598
List of judgments g 238 Account of payments 289 Oaths 290 Powers and duties of officers
599
Commitment and discharge
600
29l Fees to be taxed 292 Attorneys solicitors and proctors 293 Fees in revenue cases 294 Fees on bonds when not allowed 295 Fees for defense of ...
601
Payment of jurors and witnesses 333 Fees of district attorneys etc 334 FeesHow recorded 335 Suits by poor persons costs and counsel 336 Affidav...
602
Marshals to make provisions for their safekeeping
603
United States convicts in State penitentiaries
604
Selection of penitentiary in a divided district
605
Sentences for longer term than a year where to be executed
606
Penitentiary sentences where to be executed
607
Deduction from term of imprisonment for good conduct
608
To what prisoners to apply
609
Convicts to have five days per month deducted for good conduct
610
To be provided with clothes and money on their discharge
611
Actual reasonable cost of subsisting prisoners to be paid
612
Designation of penitentiary by attorneygeneral
613
Attorneygeneral to contract for subsistence
614
Court may order sentence executed in house of correction
615
Confinement of juvenile offenders
616
Marshals fees
617
Removal of prisoners in case of contagion or epidemic
618
Extradition of criminals
619
Capital offenses
620
Offenses not capital
621
Fleeing from justice
622
Crimes under the revenue
623
Services rendered on account of United States
624
Attendance on rule days and circuit and district courts 300 Marshal of the Supreme Court of the United States
625
Semiannual return of fees
626
Judges
627
Seal
628
What is to be included in the semiannual returns 303 Compensation of district attorney 304 District attorney of southern district of New York 305 ...
629
SessionsQuorum
630
Clerks in California Oregon and Nevada 309 Compensation of marshal 310 Additional compensation in prize causes
631
Mileage 312 Mileage attorneys marshals and clerks 313 Mileage jurors and witnesses
632
Allowances for each year made from the fees thereof 315 Payment of surplus fees into the treasury 316 Auditing of accounts of district attorney
633
Attorney in District of Columbia 318 Accounts to be certified to by district judge
634
Reports to Congress copies for departments etc 636 Members of Congress not to practice in the court CHAPTER XXIV
635
Accounts for costs of clerks etc 320 Clerk failing to report to be removed 321 Additional punishment
637
Setoffs counterclaims etc ProvisoLimitation
638
District and circuit courts to have concurrent jurisdiction with court of claimsLimit
639
Petitions for release from official bondJudgmentLimitation
640
Commissioners fees 323 Witnesses fees
641
Payment discharge of obligation
642
Jurisdiction and procedure Fed ProcC
643
No officer of court to have witness fees 325 Expenses of clerks as witnesses 326 Seamen sent home as witnesses
644
Fees of grand and petit jurors 328 Mileage in Pacific States
645
Printers fees 330 Meanly of folio 331 Cost of printing records taxed
646
Interested parties may testify
647
Appeals and writs of error Procedure
648
Assignment of counselCosts on judgment
649
Report to Congress
650
CHAPTER XVIL JURIES 339 Jurors qualifications and selection of 340 Juries race or color not to exclude 341 Jurors per diem
651
Claims referred under Bowman ActJudgment
652
Jurors how drawn
653
Costs
654
Qualifications 344 Juries interchangeable 345 Jurors how apportioned
655
Venire how issued and served 347 Talesmen for petit juries
656
Special juries
657
Number of grand jurors 350 Foreman of grand jury 351 Grand juries when summoned 352 Discharge of grand juries
658
Private claims in Congress
659
Challenges
660
Challenges in summary trials 357 Grand and petit jurors 358 Rules in particular states
661
Claims referred by department
662
Procedure in cases transmitted by departments
663
Judgments in cases transmitted by departments how paid
664
Judgments and claims subject to offsets
665
Claims growing out of treaties 667 Claims pending in other courts 668 Aliens 669 Limitations 670 Rules of practiceContempts 671 Oaths and ack...
666

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Página 510 - 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; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Página 554 - USCA § 379), it is provided that "the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Página 256 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Página 284 - States are plaintiffs or petitioners, or in which there shall be a controversy between citizens of different States, in which the matter in dispute exceeds, exclusive of interest and costs, the sum or value aforesaid, or a controversy between citizens of the same State claiming lands under grants of different States, or a controversy between citizens of a State and foreign states, citizens, or subjects...
Página 336 - 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.
Página 352 - When any civil suit or criminal prosecution is commenced in any state court, for any cause whatsoever, against any person who is denied or cannot enforce in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States...
Página 290 - Nor shall any circuit or district court have cognizance of any suit, except upon foreign bills of exchange, to recover the contents of any promissory note or other chose in action in favor of any assignee or of any subsequent holder...
Página 234 - State, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors who shall exclude or fail to summon any citizen for the cause aforesaid shall, on conviction thereof, be deemed guilty of a misdemeanor, and be fined not more than five thousand dollars.
Página 546 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Página 534 - To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...

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