A Treatise on Federal Practice in Civil Causes: With Special Reference to Patent Cases and the Foreclosure of Railway Mortgages, Volumen1

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Boston Book Company, 1892

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CHAPTER XXVIII
1
Constitutional Provisions affecting the Jurisdiction of the Federal
4
State Laws creating new Rights are enforced by Federal Courts
10
Illustrations of Cases where the Federal Courts have refused
19
Federal Courts which have Jurisdiction in Equity
27
CommonLaw Practice in General 683
30
Matter in Dispute
33
866
36
1110
63
Petition of Appeal 867
87
CHAPTER II
91
Assignment of Errors 868
101
Mandamus
102
Cases where the Law has furnished a Representative
116
Suits by or against one or more as Representatives of a Class
122
CHAPTER IV
139
Practice on Application for Mandamus 713
182
CHAPTER V
183
CHAPTER VI
198
Demurrer 1111
201
CHAPTER VIII
208
Demurrers to the Discovery
215
Prayer of Judgment
221
CHAPTER IX
226
Pleas in Abatement in General
228
Pleas to the Jurisdiction
229
Pleas to the Bill
230
Pleas of Pendency of another Suit
231
Pleas of Want of Parties
234
Limitation of Liability Petition 870
235
Pleas of Matter of Record
237
Pleas of Matter in Pais
238
When a Plea must be filed
239
Answers with Pleas
241
Proceedings of the Plaintiff when a Plea is filed
242
Motion to take a Plea off the File
243
Argument of a Plea
244
Motion for a Reference of a Plea
247
General Remarks upon Pleas
249
CHAPTER X
250
Defenses peculiar to Patent Cases
253
Admissions and Denials independent of Discovery
254
Impertinence and Scandal
255
Discovery
256
Proceedings to compel Answer
260
Same Proof of Claims 871
261
Signature and Oath to Answer
262
Motions to take Answers off the File
263
Exceptions for Insufficiency
264
Supplemental Answers
267
CHAPTER XI
269
When a Replication should be Filed
270
Effect of a Replication
271
AMENDMENTS
273
Amendment by Pleading Matters subsequent to the Filing
279
CHAPTER XIII
286
Proceedings upon CrossBills
293
Who may Revive a Suit
300
Bills in the Nature of Bills of Revivor in General
307
PRACTICE IN ADMIRALTY
311
Parties and Frame of a Supplemental Bill
313
Proceedings upon Bills in the Nature of Supplemental Bills
319
INTERLOCUTORY APPLICATIONS AND PETITIONS 193 Definition and Classification of Interlocutory Applications 194 Definition and Classifi...
321
Special Motions without Notice
323
Notice of Motion
325
Argument of Motions
327
Petitions in General
329
Petitions for Leave to Sue in forma pauperis
331
201 Petitions of Intervention
333
Injunctions to restrain the Alienation of Property
352
Injunctions to prevent Waste
353
Injunctions to prevent the Continuance of a Nuisance
354
Injunctions to restrain Trespass
356
Injunctions to restrain the Infringement of Patents
357
Injunctions to restrain the Infringement of Copyrights
361
Injunctions to restrain the Unlawful Use of Trademarks
364
Injunctions to prevent the Opening of Letters 220 Injunctions to compel the Performance or prevent the Breach of Contracts not affecting Land
366
Injunctions to compel the Delivery of Personal Property tor tiously withheld
367
When Injunctions will not Issue
369
Writs of Habeas Corpus in General 719
371
Distinction between the Judicial Writ and the Writ Remedial
372
Distinction between Provisional and Perpetual Injunctions
374
Time and Place of Applications for Interlocutory Injunctions
375
Rules of Decision at Common Law 776
378
Rules of Decision upon Applications for Interlocutory Injunc
382
The Imposition of Terms upon the Issue Denial Dissolution
388
CHAPTER XVII
394
Terms upon the Appointment of Receivers and Preferences
400
Stipulation for Value Sureties 856
408
Property over which Receirers may be Appointed
414
Sales
417
Powers of Receivers of Railroads
420
Advice to Receivers
427
Sales as Perishable 864
428
Liability of a Receiver
434
Manner of applying for the Appointment of a Receiver
440
462
444
Receivers Accounts
447
Correction of Judgments by Courts that rendered them 793
449
CHAPTER XVIII
455
Introductory 937
459
Organization of the Court of Private Land Claims 943
460
CHAPTER XXIX
475
Writs of Error from the Supreme Court to State Courts 993
480
Definition and Use of an Affidavit
482
366
484
Value of the Matter in Dispute 1026
487
Subpoenas ad Testificandum
489
Printing the Record 1069
495
Bills to take Testimony de bene esse
497
865
498
Appeals what appealable to what Court 866
507
Testimony taken after a Cause is at Issue and beyond the Juris
509
Form of Deposition under Acts of Congress
515
Letters Rogatory
523
CHAPTER XX
532
Separable Controversies 813
536
CHAPTER XXI
540
Rules of Decision upon a Hearing
542
385b Bond on Removal 821
543
Matters concerning which an Issue is directed
548
CHAPTER XXIII
554
Masters Reports and Compensation
561
Sales by Masters
567
Decrees in the Nature of Decrees nisi
575
Classification of Costs
584
Second Writ of Error or Appeal 1098
585
Clerks Fees
597
Writ of Habeas Corpus 1129
606
Petition for Removal from a State Court to a Circuit
615
331a Commissioners Fees
616
Miscellaneous Disbursements
641
CHAPTER XXVI
647
Notice of Application for Attachment
653
Writ of Assistance
659
Supplemental Bills in the nature of Bills of Review
668
Bills in the nature of Bills of Review
677
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Página 510 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.
Página 18 - ... is entitled, according to law, to receive a patent for his invention, as specified in his claim, or for any part thereof, as the facts in the case may appear.
Página 96 - Claims shall have jurisdiction to hear and determine "all claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, expressed or implied, with the Government of the United States...
Página 252 - Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth.
Página 30 - 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 32 - ... 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 489 - Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous.
Página 358 - ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall assess the same or cause the same to be assessed under its direction.
Página 510 - Court, or any chancellor, justice or judge of a Supreme or Superior Court, mayor or chief magistrate of a city, judge of a County Court, or Court of Common Pleas of any of the United States...
Página 252 - That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same ; or, Third.

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