[References are to sections.] REMOVAL OF CAUSES (continued)— character of parties, 802-805. separable controversy, 807-810. carries entire suit, 810. prejudice or local influence, 811-816. not allowed as between defendants, 814. when to be filed, 817. on ground of prejudice or local influence, 823, 824. remanding cause, 825-827. removal of suits against persons denied civil rights, 828. REPLEVIN- action of, 915. RIPARIAN RIGHTS- determined by state laws, 44. subordinate to power of congress over commerce, 45. RULES OF PROPERTY- state laws constituting, 80, 1100. binding on federal courts, 74, 80. S. SCIRE FACIAS- action of, 918, 919. SOVEREIGNTY- attributes of divided between the federal and state governments, 17, national sovereignty vested in the federal government, 16, 17, 20-22, municipal sovereignty reserved to the states, 16, 17, 40-63, 179-208. distinction between state and national sovereignty early drawn, 50. SPECIAL CASE- defined, 1106. practice regarding, 1107. SPECIAL FINDINGS- by the court in trials without a jury, 1050, 1135, 1136. spread on the minutes, 1136. SPECIAL ISSUE- [References are to sections.] federal courts not bound to submit, 939. distinction between, and special verdict, 1105. are creatures of statute, 939, 1104-1107. SPECIAL VERDICT- defined, 1104. origin of, 1103, 1104. practice in regard to, 1104-1109. errors arising out of, reviewed without bill of exceptions, 1141. STATE LAWS- rules of decision in federal courts, 70-93, 1068, 1069, 1075, 1100. federal administration of, 70-93. constitute body of municipal laws, 70. SUITS AT COMMON LAW- defined, 164, 890-920. distinction between and suits in equity, 163, 164, 506, 831-883, 887 classification of, 894, 896, 897. ex contractu or ex delicto, 894. local or transitory, 896, 897, 947. account, 901, 902. concurrent jurisdiction in equity, 902. annuity, 903. assumpsit, 904, 905. general, 904. special, 904. great common-law action, 905. condemnation proceedings, 920. covenant, 906. debt, 616, 618, 739, 907. detinue, 908, 909. ejectment, 856-883, 916, 917. legal title necessary to maintain, 859-862, 868-875. equitable title no defense, 876-880. replevin, 915. scire facias, 918, 919. trespass, 910. trespass on the case, 911-913. trover, 914. SUPERSEDEAS- upon writ of error, 449. bond, 453. SUPREME LAW OF THE LAND- constitution, laws and treaties of the United States, 66, 67. [References are to sections.] T. TAXATION- power of the states to tax, 182-188, 288-298, 312-317. due process of law in taxation, 288-297. general rule, 290. strict judicial procedure not required, 288. local assessments, 292, 293. classification for taxation, 295, 296, 317. non-resident mortgagee's interest, 294. equal protection of the laws in, 312-317. TAX ON IMPORTS AND EXPORTS- the states inhibited from, 352-362. imposts defined, 354. inhibition does not apply to interstate shipments, 355. TONNAGE DUTIES- states inhibited from levying, 363-374. tonnage defined, 364. tonnage tax defined, 365. wharfage, 368-373. TENNESSEE- venue of suits in federal courts in, 959, note 23. TEXAS- citizens of, became citizens of the United States upon admission, admitted with her population as it stood, 232. land system, 871. judicial system, 871. statute in regard to suits for land, 871. TREASON- defined, 101, 102. evidence required to convict, 101. penalty, 102. TREATIES OF THE UNITED STATES- nature of, 67, 707, 708. removing disability of alien to take and hold land, 708. affects status of person and not rules of property, 708. TRESPASS- action of, 910. TRESPASS ON THE CASE- action of, 911-913. TROVER- action of, 914. [References are to sections.] TRIAL OF SUITS AT COMMON LAW- two modes for trial of issues of fact, 936, 1050, 1051. by jury, 1050, 1051. by court without jury, 1050. not by referee under state law, 1052 trial by jury, 1054-1128. qualification of jurors, 1055, 1056. how jurors drawn, 1058. mileage and per diem of jurors, 1059. writs of venire, facias, 1060. talesmen, 1061, 1062. special jurors, 1063. challenges, 1064-1065a. impaneling jury, 1066. stating issues of fact to court and jury, 1067. state rules of evidence control in federal courts, 1060. competency controlled by state law, 1069 must testify orally, 937, 1071. deposition when allowed, 1071, 1072. mode of taking depositions, 937, 1073. motion to suppress deposition, 1074. surgical examination of plaintiff, 1075, 1076. cross-examination of witnesses, 1070. production of documentary evidence, 938, 1078-1085. introduction of evidence, 1086. objections to evidence, 1087-1089. demurrer to evidence, 1090. charge to the jury, 939, 1091-1101 withdrawal of the jury to deliberate on verdict, 940, 1102. general or special, 1103-1105. special case, 1106. agreed case, 1107. must find all issues of fact, 1108, 1109. legal effect of, 1110. amending verdict, 1112, 1113. defects cured by, 1114. motion in arrest of judgment, 1115. for judgment, non obstante veredicto, 1116. new trial, 944, 1117-1123. [References are to sections.] TRIALS OF SUITS AT COMMON LAW (continued)- judgment, 1124, 1126. execution, 942, 943, 1127, 1128. trial by the court without jury, 1129–1136. procedure in, 1129, 1130. stipulation waiving jury, 1131. what questions of law may be raised and reviewed, 1132-1134. obiter dictum of Justice Bradley, 1133. procedure stated by Justice Miller, 1134. requisites of special finding, 1135. special finding should be spread on minutes, 1136. UTAH- U. venue of suits in federal courts in, 959, note 23. V. VENUE OF SUITS AND COMMON LAW- local or transitory, 947. in federal courts, 947-966. regulated by federal statute, 948. brought where defendant resides, 949-954, 959-966. in the state and district, 949, 950. when jurisdiction based on diversity of citizenship, 951-953. against national banks, 953. against aliens and alien corporations, 954. local suits, 955-958. infringement of patents, 961 to protect commerce, 962. for damages under federal anti-trust act, 963. for pecuniary penalties and forfeitures, 964. for internal revenue taxes, 965. by national banks against comptroller of currency, 966. VERDICT- general or special, 1103. special verdict defined, 1104. practice in regard to, 1104, 1105. special case, 1107. agreed case, 1107. must find all the issues of fact. 1108, 1109. legal effect of, determined by state law, 1110. 32B |