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[References are to sections.]

FEDERAL PROCEDURE IN SUITS AT COMMON LAW (continued)-
mode of proof, 937, 938, 1071–1073.

oral examination of witnesses, 1071.

depositions, 1071-1077.

production of documents, 1078-1085.

pleadings, 977-1002, 1025–1044.

declaration, complaint or petition, 981-1002.
defensive pleadings, 1025-1041.

interventions, 1042-1044.

state system of pleading, 977-980.

trial and its incidents, 1050-1137.

FEDERAL QUESTION-

classification of federal questions, 425, 458.

when raised, 427, 428.

how raised, 429-433.

degree of certainty required, 430.

must be called to attention of the court, 431.
certificate of presiding judge, 432.

FELONY-

defined, 136.

G.

GEORGIA-

venue of suits in federal courts in, 959, note 23.

GOVERNMENT-

dual system of created by the constitution, 16-63.

powers vested in the federal government, 17-39, 179, 180.

powers reserved to the states, 40-63, 179-208.

sovereignty divided between the federal and state governments, 17,

179-187.

each supreme in its sphere, 17.
departments of kept separate, 377.

GRAND JURY-

office and functions of, 133.

See CRIMINAL LAW.

H.

HABEAS CORPUS-

writ of, not to be suspended, 177.

jurisdiction to issue, 467-487.

what courts and judges may issue, 468.

when writ may issue, 471–481.

nature and office of the writ, 470.

procedure, 482-487.

IDAHO

[References are to sections.]
I.

venue of suits in federal courts in, 959, note 23.
ILLINOIS-

venue of suits in the federal courts in, 959, note 23.
INDIANA-

venue of suits in the federal courts in, 959, note 23.
INDICTMENT—

necessity of, in prosecutions for infamous crimes, 132-137.

exceptions, 137.

cannot be amended, 134.

several counts in, 153.

acquittal upon defective, 149-151.

INFAMOUS CRIME-

defined, 135, 136.

prosecuted only on presentment or indictment of grand jury, 132.
exception, 137.

INQUIRY-

writ of, 1111.

IOWA-

venue of suits in federal courts in 959, note 23.

INSPECTION LAWS OF THE STATES-

subject matter of, 54, 55.

articles subject to state inspection laws, 55.

object of state inspection laws, 56.

commercial classification of subjects of inspection, 59.
means and method of inspection, 57.

is an exercise of the police power, 60, 61.

in harmony with regulation of commerce, 61.
duties on imports to pay cost of inspection, 53, 58.

INTERSTATE COMMERCE-

regulation of, 29-39, 191–200.

suits to protect, 780.

[blocks in formation]

at law reviewed upon writ of error only, 169-171, 1155.

in bankruptcy, 171.

of state courts reviewed upon writ of error only, 421-424.

[References are to sections.]

JUDGES-

federal judges, 929, 939.

personal administration of not controlled by state laws, 929, 939,
1092.

duty to submit all issues of fact to the jury, 1093.

to charge law of the whole case, 1100.

to charge the state law, 1100.

not required to submit special issues, 1096.

province of, and jury, respectively, 1091.

JUDICIAL POWER OF THE UNITED STATES-
vested by the constitution, 381.

limits of, defined, 382, 383, 656, 657.

requisite to the existence of the government, 375, 376.
distinction between, and jurisdiction, 658, 659.

distribution of to supreme court, 384.

vested in a system of federal courts, 385.

co-extensive with the legislative power, 375, 856, 657.

JUDICIAL PROCEDURE-

act of conformity, 921-946, 967-972, 977-980, 1001, 1042-1044.
federal adoption of state procedure, 921-946, 967-972, 979-980,
1001, 1042-1044.

when state procedure followed, 946, 967, 977, 1001, 1034,
1043, 1110, 1124.

when state procedure not followed, 834, 845, 848, 868-871,
930-945, 978-990, 1041, 1044, 1070, 1071.

common-law principles and rules of procedure, 7, 9, 111-177.
confirmed in federal constitution, 120, 121, 122, 129, 132, 922.
importance of just procedure, 5–7.

a substantive right, 2-4.

absence of indicates national decay, 5.

guaranty of civil liberty, 7.

struggle for in England and Colonies, 6-9, 112, 121, 129.

judicial murders in England, 6, 7.

parliamentary murders in England, 103, 109.

bills of attainder, 103, 104.

impeachments, 105, 109.

principles of procedure fixed by federal constitution, 10-15, 94-160,
886, 887.

bills of attainder, 103, 104.

due process of law, 111-120.

impeachments, 105-109.

indictment necessary in prosecution for infamous crime, 132-
137.

trial by jury, 110, 138, 139, 163, 166, 1054.

unreasonble searches and seizures, 121-131.

[References are to sections.]

JUDICIAL PROCEDURE (continued) —

witness, not against self in criminal case, 129, 130.

compulsory process for, 145.

confronted by, 143, 144.

relation between criminal and civil procedure, 5.

states authorized to establish their own procedure, 265-267, 269-281.
due process of law of the states, 269, 298.

JURISDICTION OF THE CIRCUIT COURT-
jurisdiction defined, 659, 660, 661, 662, 663.
is concurrent or exclusive, 665.

meaning of concurrent, 667.

common-law and equity jurisdiction of, 668-783.
concurrent with the state courts, 668-736.

suits arising under the constitution, laws and treaties of the
United States, 668-708.

diversity of citizenship, 709-724.

foreign states, citizens or subjects, 724, 725.

Jnited States plaintiffs, 726.

and grants from different states, 727.

amount in dispute, 728-735.

in what cases requisite, 128.

rules for determining, 729-734.

ancillary suits, 735.

under special statutes, 737-783.

by officers of the United States, 737-745.

for violation of laws regulating carriage of passengers in mer-
chant vessel, 746.

condemnation of property used in aid of insurrection, 747.

slave trade laws, 748.

assignees of debentures, 749.

patent laws, 750-756.

copyright laws, 757-760.

by United States or officers against national banks, 761.

by banks against comptroller, 761.

for injuries under the revenue laws, 762.

to enforce right to vote, 763.

for deprivation of civil rights, 764-766.

by and against trustees in bankruptcy, 767.

condemnation of private property for public use, 768.

under the Tucker act, 769.

under laws forbidding importation of foreigners under contract
to labor, 770.

to prevent unlawful occupancy of public lands, 771.

partition, when United States are tenants, 772.

seizure and destruction of obscene books, pictures and other ar-
ticles, 773.

[References are to sections.]

JURISDICTION OF THE CIRCUIT COURT (continued) —
under acts to protect trade and commerce, 774-781.

to naturalize alien, 782.

none in original mandamus proceeding, 783.

JURISDICTION OF THE CIRCUIT COURT OF APPEALS—
appellate, defined, 466, 466a.

time allowed to sue out writ of error or appeal, 466a.
JURISDICTION OF THE DISTRICT COURTS-

admiralty jurisdiction, 560-604.

common law and equity jurisdiction, 605-652.

suits for penalties and forfeitures, 611-614, 620, 623, 624.

suits by United States or officers, 615-624.

seizure on land and waters not navigable, 623.

condemnation of property used in aid of insurrection, 624.

suits by assignees of debentures, 625.

suits to redress deprivation of civil rights, 626-628.

suits by aliens for torts in violation of the laws of nations or trea-
ties, 629.

suits against consuls and vice-consuls, 631.

suits under Tucker act, 632-639.

condemnation of private property for public use, 640-641.

suits to prevent unlawful occupancy of public lands, 642.

suits under interstate commerce act, 643-648.

seizure and destruction of obscene books and pictures, 649.
suit for penalties under safety appliances act, 650.

suits transferred from territorial courts, 651.

issues of fact tried by jury, 652.

habeas corpus, 468.

JURISDICTION OF THE SUPREME COURT-

appellate jurisdiction, 418-465.

over circuit and district courts, 459-462.
over circuit court of appeals, 463.

over court of claims, 464.

over the state courts, 418-458.

original jurisdiction, 406-417.

special writs, 467-505.

habeas corpus, 467-487.

prohibition, 488-493.

mandamus, 494-501.

certiorari, 502-505.

JURORS-

qualification of, 1055, 1056.
apportioned to district, 1057.
mileage and per diem, 1059.
how drawn, 1058

summoned, 1060.

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