Handbook of Jurisdiction and Procedure in United States Courts |
From inside the book
Results 1-5 of 67
Page x
... Discharge — Application for ... 167-169 68 . Same Method of Opposing ... 169-170 69 . Same - Burden of Proof ... 170-172 70 . Grounds of Opposition to Discharge . 172-178 71 . 72 . The Debts Not Affected by a Discharge . Revocation of a ...
... Discharge — Application for ... 167-169 68 . Same Method of Opposing ... 169-170 69 . Same - Burden of Proof ... 170-172 70 . Grounds of Opposition to Discharge . 172-178 71 . 72 . The Debts Not Affected by a Discharge . Revocation of a ...
Page 31
... discharge poor con- victs imprisoned for nonpayment of fines ( section 1042 [ U. S. Comp . St. 1901 , p . 724 ] ) ; to take oaths and acknowledg- ments ( section 1778 [ U. S. Comp . St. 1901 , p . 1211 ] ) ; to institute prosecutions ...
... discharge poor con- victs imprisoned for nonpayment of fines ( section 1042 [ U. S. Comp . St. 1901 , p . 724 ] ) ; to take oaths and acknowledg- ments ( section 1778 [ U. S. Comp . St. 1901 , p . 1211 ] ) ; to institute prosecutions ...
Page 53
... discharged the jury and continued the case over for a new trial . On the second trial the prisoner pleaded that the proceedings on the first trial entitled him to raise 55 U. S. v . Borger ( C. C. ) 7 Fed . 193 ; In re Smith ( C. C. ) ...
... discharged the jury and continued the case over for a new trial . On the second trial the prisoner pleaded that the proceedings on the first trial entitled him to raise 55 U. S. v . Borger ( C. C. ) 7 Fed . 193 ; In re Smith ( C. C. ) ...
Page 54
... discharge juries for facts developed during the trial . Plea of Former Jeopardy The fifth amendment provides that no person shall be subject , for the same offense , to be twice put in jeopardy of life or limb . This constitutional ...
... discharge juries for facts developed during the trial . Plea of Former Jeopardy The fifth amendment provides that no person shall be subject , for the same offense , to be twice put in jeopardy of life or limb . This constitutional ...
Page 55
... discharge of the jury being against the protest of the prisoner - does not violate this provision , and the prisoner can be tried a second time . Parol evi- ' dence is always admissible , and sometimes necessary , to prove the facts ...
... discharge of the jury being against the protest of the prisoner - does not violate this provision , and the prisoner can be tried a second time . Parol evi- ' dence is always admissible , and sometimes necessary , to prove the facts ...
Contents
3 | |
5 | |
8 | |
9 | |
13 | |
16 | |
17 | |
20 | |
23 | |
24 | |
28 | |
33 | |
34 | |
39 | |
42 | |
49 | |
59 | |
69 | |
83 | |
90 | |
96 | |
102 | |
109 | |
116 | |
119 | |
122 | |
124 | |
126 | |
128 | |
130 | |
131 | |
140 | |
144 | |
145 | |
152 | |
153 | |
154 | |
157 | |
158 | |
160 | |
161 | |
163 | |
165 | |
167 | |
169 | |
170 | |
172 | |
178 | |
181 | |
183 | |
184 | |
188 | |
189 | |
190 | |
192 | |
193 | |
194 | |
196 | |
197 | |
198 | |
202 | |
206 | |
209 | |
211 | |
213 | |
216 | |
218 | |
220 | |
223 | |
225 | |
227 | |
235 | |
243 | |
255 | |
322 | |
325 | |
326 | |
328 | |
329 | |
338 | |
343 | |
346 | |
351 | |
353 | |
356 | |
357 | |
364 | |
365 | |
371 | |
375 | |
380 | |
382 | |
389 | |
391 | |
392 | |
394 | |
396 | |
397 | |
399 | |
400 | |
402 | |
404 | |
407 | |
410 | |
411 | |
412 | |
415 | |
418 | |
420 | |
423 | |
426 | |
429 | |
430 | |
431 | |
434 | |
436 | |
439 | |
446 | |
452 | |
458 | |
466 | |
473 | |
479 | |
488 | |
494 | |
514 | |
525 | |
527 | |
537 | |
544 | |
558 | |
574 | |
581 | |
601 | |
623 | |
630 | |
701 | |
739 | |
Other editions - View all
Common terms and phrases
9 Sup act of bankruptcy admiralty alleged amendment applies arising assignment authority Bank bankrupt law bill bond cause of action Cent circuit court citizens of different citizenship civil claim clause committed common law Congress Constitution controversies between citizens corporation court held court of appeals creditors Criminal Law debtor debts decision decree defendant discharge district court equity fact federal courts federal question filed give granted ground Habeas Corpus Hence Indictment and Information instance involved issue judge judgment Judicial Code jurisdic jury Key-No lien litigation ment Ne Exeat necessary nonresident offense officers original jurisdiction parties person petition plaintiff pleading preference principle procedure proceedings prosecution provides ques Removal of Causes residence Revised Statutes right of removal rule Stat suit is brought Supp Supreme Court tion transfer trial trustee U. S. Comp United writ of error
Popular passages
Page 147 - ... or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Page 684 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Page 537 - States, and the decision is in favor of such their validity, or where any title, right, privilege, or immunity is claimed under the constitution or any treaty or statute of, or commission held or authority exercised 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 constitution, treaty, statute, commission, or authority...
Page 605 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 156 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Page 147 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 153 - Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, sub-division b, and section sixty-seven, subdivision e.
Page 531 - 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...
Page 172 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors...
Page 549 - An act to codify, revise, and amend the laws relating to the judiciary...