Rules of the Supreme Court of the United States: And Rules of Practice for the Circuit and District Courts of the United States in Equity and Admiralty Cases, Order in Reference to Appeals from Court of Claims and General Orders in Bankruptcy |
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Page 360
... issue of the writ , or when the statement of the title of the action or parties thereto in the writ is defective , if the defect can be remedied by reference to the accompanying record , and in all other particulars of form where the ...
... issue of the writ , or when the statement of the title of the action or parties thereto in the writ is defective , if the defect can be remedied by reference to the accompanying record , and in all other particulars of form where the ...
Page 361
... issue . SEC . 5. That the practice , pleadings , and forms and modes of proceeding in other than equity and admiralty causes in the circuit and district courts of the United States shall conform , as near as may be , to the practice ...
... issue . SEC . 5. That the practice , pleadings , and forms and modes of proceeding in other than equity and admiralty causes in the circuit and district courts of the United States shall conform , as near as may be , to the practice ...
Page 363
... issue of execution on the judgment shall not operate to discharge the defendant from imprisonment until the amount of the judgment is collected or otherwise paid . SEC . 13. That when in any suit in equity , commenced in any court of ...
... issue of execution on the judgment shall not operate to discharge the defendant from imprisonment until the amount of the judgment is collected or otherwise paid . SEC . 13. That when in any suit in equity , commenced in any court of ...
Page 368
... issues was rendered thirty days before that period . If the judgment was rendered less than thirty days , it is returnable to the third Monday of the term . ( 8th Rule . ) It may be issued by the clerk without being allowed by a judge ...
... issues was rendered thirty days before that period . If the judgment was rendered less than thirty days , it is returnable to the third Monday of the term . ( 8th Rule . ) It may be issued by the clerk without being allowed by a judge ...
Page 379
... issue , requiring you , the said judge of the said district court , to reinstate , and pro- ceed to try and adjudge , according to the law and right of the case , the several writs of right , and the mises therein joined , lately ...
... issue , requiring you , the said judge of the said district court , to reinstate , and pro- ceed to try and adjudge , according to the law and right of the case , the several writs of right , and the mises therein joined , lately ...
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Common terms and phrases
admiralty Adopted affidavit aforesaid allowed AMENDMENT amount answer appear application appointed argument assignee attachment authorized bankrupt bankruptcy bill bond cause certify charge circuit court claim clerk clerk's office commissioner contain copy costs counsel course creditor debt decree deemed defendant deposition direct discretion dismissed district court docket duty entered entitled equity evidence examination exceptions execution facts fees filed final further give given granted heard hearing interest interrogatories issue judge judge thereof judgment jurisdiction justice libel manner marshal matter motion necessary notice oath otherwise owner party payment person petition plaintiff plea plead possession practice proceed proceedings proof proper reasonable record reference rendered residences respective rule rule day schedules seal served ship shown statement suit Supreme Court taken term therein thereof thereto tion United unless witnesses writ of error
Popular passages
Page 369 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States, and the decision is in favor of such their validity...
Page 419 - In all cases where it shall appear to the Court, that persons, who might otherwise be deemed necessary or proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction...
Page 414 - But after replication filed, the plaintiff shall not be permitted to withdraw it, and to amend his bill, except upon a special order of a judge of the court, upon motion or petition, after due notice to the other party, and upon proof by affidavit that the same is not made for the purpose of vexation or delay, or that the matter of the proposed amendment is material, and could not with reasonable diligence have been sooner introduced into the bill...
Page 393 - ... shall be heard and determined as in other cases ; and if such representatives shall not voluntarily become parties, then the other party may suggest the death on the record, and thereupon, on motion, obtain an order that unless such representatives shall become parties within...
Page 451 - In all suits in personam, where a simple warrant of arrest issues and is executed, bail shall be taken by the marshal and the court in those cases only in which it is required by the laws of the state where an arrest is made on similar or analogous process Issuing from the state court.
Page 405 - ... require any allowance or order of the court, or of any judge thereof — shall be deemed motions and applications, grantable of course by the clerk of the court. But the same may be suspended or altered or rescinded by any judge of the court, upon special cause shown.
Page 437 - District where such suit is brought, one or more of the defendants therein shall not be an inhabitant of, or found within, the said District, or shall not voluntarily appear thereto...
Page 429 - Whenever any reference of any matter is made to a master to examine and report thereon, the party at whose instance or for whose benefit the reference is made shall cause the same to be presented to the master for a hearing on or before the next rule day succeeding the time when the reference was made. If he shall omit to do so, the adverse party shall...
Page 458 - ... any person or persons claiming damages as aforesaid, and who shall have presented his or their claim to the commissioner under oath, shall and may answer 55. such libel or petition, and contest the right of the owner or owners of said ship or vessel, either to an exemption from liability, or to a limitation of liability under the said act of Congress, or both.
Page 407 - ... which the defendant shall be bound, without further service, to take notice ; and upon affidavit of the plaintiff, filed in the clerk's office, that the same has not been complied with within the prescribed time, the clerk shall issue a writ of attachment against the delinquent party, from which, if attached thereon, he shall not be discharged, unless upon a full compliance with the decree and...