The Annotated Rules of Practice in the United States CourtsBanks, 1914 - 951 pagini |
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Pagina 44
... U.S. 381-385 , 26 L. ed . 1101 , Oct. T. , 1881 . The Supreme Court has jurisdiction to issue certiorari to the Circuit Court of Appeals under sec . 716 , Rev. Stats . ( U. S. Comp . Stats . , 1901 , Vol . 1 , p . 580 , sec . 262 ...
... U.S. 381-385 , 26 L. ed . 1101 , Oct. T. , 1881 . The Supreme Court has jurisdiction to issue certiorari to the Circuit Court of Appeals under sec . 716 , Rev. Stats . ( U. S. Comp . Stats . , 1901 , Vol . 1 , p . 580 , sec . 262 ...
Pagina 53
... ( U. S. Comp . Stats . 1901 , p . 575 ) . Clarke v . McDade , 165 U. S. 168-172 , 41 L. ed . 674 , Oct. T. , 1896 . The bare averment of a Federal question is not sufficient . There must at least be color of ground for such averment . New ...
... ( U. S. Comp . Stats . 1901 , p . 575 ) . Clarke v . McDade , 165 U. S. 168-172 , 41 L. ed . 674 , Oct. T. , 1896 . The bare averment of a Federal question is not sufficient . There must at least be color of ground for such averment . New ...
Pagina 54
... U. S. Comp . Stats . 1901 , p . 575 , is complied with . McCorquodale v . Texas , 211 U. S. 432 , 53 L. ed . 270 . Where a Federal question is for the first time raised in a petition for a rehearing in the highest court of a State , if ...
... U. S. Comp . Stats . 1901 , p . 575 , is complied with . McCorquodale v . Texas , 211 U. S. 432 , 53 L. ed . 270 . Where a Federal question is for the first time raised in a petition for a rehearing in the highest court of a State , if ...
Pagina 55
... U. S. Comp . Stats . 1901 , p . 575. Ib . An order of the Circuit Court remanding a cause to the State court cannot be reviewed by any direct proceeding for that purpose . Missouri Pacific R. Co. v . Fitzgerald , 160 U. S. 567–582 , 40 ...
... U. S. Comp . Stats . 1901 , p . 575. Ib . An order of the Circuit Court remanding a cause to the State court cannot be reviewed by any direct proceeding for that purpose . Missouri Pacific R. Co. v . Fitzgerald , 160 U. S. 567–582 , 40 ...
Pagina 56
... U. S. Comp . Stats . 1901 , p . 580 ) . McClellan v . Carland , 217 U. S. 268–279 , 54 L. ed . 766 . NOTE . See sec . 234 , Judicial Code . Certiorari under sec . 240 , Judicial Code , may not issue except where the decree or judgment ...
... U. S. Comp . Stats . 1901 , p . 580 ) . McClellan v . Carland , 217 U. S. 268–279 , 54 L. ed . 766 . NOTE . See sec . 234 , Judicial Code . Certiorari under sec . 240 , Judicial Code , may not issue except where the decree or judgment ...
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Alte ediții - Afișează-le pe toate
The Annotated Rules of Practice in the United States Courts (Classic Reprint) William Whitwell Dewhurst Nu există previzualizare disponibilă - 2017 |
The Annotated Rules of Practice in the United States Courts (Classic Reprint) William Whitwell Dewhurst Nu există previzualizare disponibilă - 2017 |
Termeni și expresii frecvente
Act of Mar action admiralty affidavit alleged allowed amended answer appellate court appellee application appointed assignment of errors attorney bill of exceptions bond brought cause certified certiorari Circuit Court Circuit District citation claim Clause clerk copy costs counsel Court of Appeals court of equity Decisions defendant in error demurrer deposition dismissed District Court district judge docket entitled equity error or appeal evidence facts Federal court filed final decree force prior granted hearing Held injunction issue judgment or decree Judicial Code jurisdiction jury justice libel lien matter motion notice numbered owner pending person personam petition plaintiff in error pleadings printed proceed proceedings proper question record revision promulgated Novem rules in force service of process Stats statute stipulation suit Supreme Court taken testimony therein tion transcript trial court U. S. Comp United unless vessel Wall writ of error
Pasaje populare
Pagina 709 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners...
Pagina 763 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Pagina 416 - ... that the plaintiff was a shareholder at the time of the transaction of which he complains or that his share thereafter devolved on him by operation of law...
Pagina 777 - States; or, where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of three thousand dollars, and (a) arises under the Constitution or laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens of different States, or (c) is between citizens of a State and foreign States, citizens, or subjects.
Pagina 756 - States, in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a Circuit Court...
Pagina 782 - 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...
Pagina 756 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a...
Pagina 806 - Provided, That the appeal must be taken within thirty days from the entry of such order or decree, and it shall take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed, unless otherwise ordered by that court, or by the appellate court or a judge thereof, during the pendency of such appeal: Provided, further, That the court below may in its discretion require as a condition of the appeal an additional bond.
Pagina 749 - Large, 78, 79,) it is enacted, that " the Circuit Courts 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...
Pagina 313 - A specification of the errors relied upon, which, in cases brought up by writ of error, shall set out separately and particularly each error asserted and intended to be urged...