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Excerpt from Handbook of Jurisdiction and Procedure in United States Courts This treatise is designed to fulfill the usual functions of the Hornbooks on the subject of which it treats. It does not pur port to be an exhaustive or elaborate discussion, as such a plan would involve several volumes, instead of one. It is, however, intended to be a means of ready reference to the law on those questions of ordinary routine which the author's experience as a specialist in federal practice has taught him most frequently arise. It is believed that the need exists for a work of this character, notwithstanding the several excellent text-books covering the general subject which go into much greater de tail. The work is designed, also, for use in law schools, where the need of such a treatise seems to be specially apparent. The author has taken great pains to adapt it to this need. In order to render it more available for this purpose, he has inserted in the appendix a table of illustrative cases, which he hopes will be found useful by those teachers who prefer the case system. It has seemed to the author much better and simpler in the discussion of the subject to commence with the inferior courts and follow up through the courts of last resort, though that is not the usual scheme adopted by other text-books on the sub ject. While this plan involves some duplication and cross referencing in case of subjects of which the different federal courts have concurrent jurisdiction, its advantage in enabling the student to trace a case from its inception to its final con elusion is so great as to have convinced the author that it is the best method of treating the subject. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Outline of the Jurisdiction and Procedure of the Federal Courts This book is intended as a manual or ready reference book for law students and others who may desire to learn or make use of the elements of the subject of Federal Jurisdiction and Procedure without having to search through the voluminous Works which treat this subject exhaustively. The main part of the book is based upon a course of lectures which the author delivered for a number of years in the School of Law of Washington and Lee University. It presents in a brief but fairly compre hensive manner the subject of federal jurisdiction in general, and describes fully the several courts of the fed eral judicial system, with the details of their organization, jurisdiction, etc. One chapter is devoted to the subject of Removal of Causes and another to a brief description of the procedure of the federal courts. Then follows an outline of a suit in equity under the new Federal Equity Rules. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Handbook of the Code of Civil Procedure: Prepared for the Use of Students, and Presenting in Brief Form, and in Simplified and Orderly Manner, the Portions Essential for Their Consideration The present Code retains, either practically verbatim, or in a somewhat modified form, most of the provisions of its predecessor necessitated by the merging of legal and equitable jurisdiction in one court, and the establishing of but one species Of civil action, in place of the two separate courts and their separate systems of practice. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Forms of Federal Procedure in the Courts of the United States The forms are intended merely as models to guide the intelligent attorney in preparing pleadings for particular cases, and must necessarily be adapted to the varying conditions of such cases as they arise. The annotations following the forms refer to authorities which will aid in the preparation of such pleadings. I have received valuable assistance and suggestions in the different departments of practice covered by this vol ume from Mr. Henry Hooper, Assistant District Attorney for the Southern District of Ohio, and Hon. Judson Har mon, of Cincinnati. I wish especially to acknowledge the kindness, encouragement, and assistance extended me by General B. R. Cowen, Clerk of the United States Courts at Cincinnati, and Mr. Robert C. Georgi, Deputy Clerk, and Mr. Boyd E. Dilley, Deputy Clerk of the United States Cir cuit Courts of Appeals for the Sixth Circuit. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Manual of Practice in the Courts of the United States, Vol. 1 of 4: Embracing the Provisions of the Constitution, the Revised Statutes and Amendments Thereto Relating to Federal Courts This, the eighth edition, is wholly revised and is now substantially a new work, embodying in a much enlarged form all that is still applicable in former editions, together with the additional matter gleaned from later adjudications Of the courts and all the statutory enactments now in force, including those of the first session of the Fifty-second Congress: For the insertion Of the latest cases while the work was passing through the press, the proof-reading and index to this edition, acknowledgment is hereby made of the valuable services Of mr. Chas. T. Boone. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Treatise on the Constitution and Jurisdiction of the United States Courts on Pleading, Practice, and Procedure Therein, and on the Powers and Duties of United States Commissioners, Vol. 1 of 2: With Rules of Court and Forms The jurisdiction, pleading and practice of the Court of Claims have heretofore received no Special treatment by any author, if we except the valuable monograph of the Hon. William A. Richardson, one of its judges, from which, with his permission, we have freely Oopied in the notes in treating these subj It is believed that the practitioner will find in this volume all that will be necessary to guide him to practice in this court. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Treatise on the Constitution and Jurisdiction of the United States Courts, on Pleading, Practice and Procedure Therein and on the Powers and Duties of United States Commissioners, Vol. 2 of 2: With Rules of Court and Forms 3. Notice. - No motion to dismiss, except on special assignment by the court, shall be heard unless previous notice has been given to the adverse party or the counsel or attorney of such party. 4. How submitted: Service. - All motions to dismiss writs of error and appeals, except motions to docket and dismiss under Rule 9, must be submitted in the first instance on printed briefs or arguments. If the court desires further argument on that subject, it will be ordered in connection with the hearing on the merits. The party moving to dismiss shall serve notice of the motion, with a copy of his brief of argument, on the counsel for plaintiff in error or appellant of record in this court, at least three weeks before the time fixed for submitting the motion, in all cases except where the counsel to be notified resides west of the Rocky Mountains, in which case the notice shall be at least thirty days. Affidavits of the deposit in the mail of the notice and brief to the proper address of the counsel to be served, duly post-paid, at such time as to reach him by due course of mail, the three weeks or thirty days before the time fixed by the notice, will be regarded as prima facie evidence of service on counsel who reside without the District of Columbia. On proof of such service, the motion will be considered, unless, for satisfactory reasons, further time be given by the court to either party. 5. Motions to dismiss and affirm united. - There may be united, with a motion to dismiss a writ of error or an appeal, a motion to affirm on the ground that, although the record may show that this court has jurisdiction, it is manifest the writ or appeal was taken for delay only, or that the question on which the jurisdiction depends is so frivolous as not to need further argument. 6. Motion day. - The court will not hear arguments on Saturday (unless for special cause it shall order to the contrary), but will devote that day to the other business of the court. The motion-day shall be Monday of each week; and motions not required by the rules of the court to be put on the docket shall be entitled to preference immediately after the reading of opinions, if such motions shall be made before the court shall have entered upon the hearing of a case upon the docket. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Jurisdiction, Practice, and Peculiar Jurisprudence: Of the Courts of the United States The Lectures, being addressed to a body of students just beginning their inquiries into the Jurisdiction, Practice, and Jurisprudence of the Federal Courts, are, of course, somewhat elementary. But it is believed that they are so comprehensive and accurate that they will form. A useful handbook for practitioners of any standing. If future editions shall be required, any changes in the law, as well as the relevant decisions of the Supreme Court of the United States, from time to time, will be duly noted. An index of the cases cited, and a full index of the subjects treated, have been prepared. The latter, it is presumed, will greatly assist the reader in consulting the work on partie ular points. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from Handbook on the Law of Judicial Precedents, or the Science of Case Law Agreeably to this plan and purpose, the work has been made to include an extended consideration of the nature and authority of judicial precedents; their place in compar ative jurisprudence and in equity; the rules which govern the interpretation of judicial decisions and opinions; the processes of analogical argument and of combining cases; the various and complicated considerations which may ai feet the force and value of a non-obligatory precedent; the nature of dicta and the method of their detection and the reasons for their want of authority; the general doctrine of stare decisis, with its special applications to cases of con stitutional and statutory construction, to those judgments which have become rules of property and to the law of the case; the authority of precedents as between various courts of the same state and as between the several courts of the federal system; the use of precedents from other states and foreign countries, with the various causes which may affect their rank in the scale of authority, the reasons for approving them or for criticising them, and the under lying principles which induce the courts to follow the bet ter reason or the general current of authority; the ci fect of the decisions of the United States courts as author ities in the courts of the states; the great and difficult sub j ect of the cases in which the federal courts are constrained to accept and follow the decisions of the state courts and those in which they hold themselves free to form an inde pendent judgment; and finally, the effect of the reversal or overruling of previous judicial decisions. Also, as among the fundamentals of the subject, it has been necessary to consider (in the first chapter) the rules for the solution of novel questions or cases of first impression, and the proper attitude of the courts in the face of precedents which are challenged as obsolete or as locally inapplicable. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.