Page images
PDF
EPUB

FORM 22. MOTION TO BRING IN THIRD-PARTY DEFENDANT.

(Form for motion remains unchanged.)

EXHIBIT A

(Form for summons as part of Exhibit A remains unchanged.)

United States District Court for the Southern District of New York

[blocks in formation]

1. Plaintiff A. B. has filed against defendant C. D. a complaint, a copy of which is hereto attached as "Exhibit C."

2. (Here state the grounds upon which C. D. is entitled to recover from E. F., all or part of what A. B. may recover from C. D. The statement should be framed as in an original complaint.) Wherefore C. D. demands judgment against third-party defendant E. F. for all sums that may be adjudged against defendant C. D. in favor of plaintiff A. B.

Signed:.

......

Attorney for C. D., Third-Party Plaintiff.
Address:

FORM 25. REQUEST FOR ADMISSION UNDER RULE 36.

days

Plaintiff A. B. requests defendant C. D. within after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial:

1. That each of the following documents, exhibited with this request,

is genuine.

(Here list the documents and describe each document.)

2. That each of the following statements is true.

(Here list the statements.)

Signed:....

Attorney for Plaintiff.

Address:..

INDEX

ACCIDENT. See Constitutional Law, I, 2.

ADJUSTMENT BOARD. See Jurisdiction, I, 8; Labor, 3.

ADMINISTRATIVE LAW. See also Communications; Constitu-
tional Law, III, 1–2; Price Control, 1.

1. Agricultural Marketing Agreement Act-Order for payment into
fund-Enforcement-Administrative remedy.-Handler's failure to
exhaust administrative remedy barred defense to suit to enforce pay-
ment into producer-settlement fund. U. S. v. Ruzicka, 287.

2. Banking Act of 1933-Order of Federal Reserve Board-Judi-
cial review. Order of Board removing director of national bank
judicially reviewable. Board of Governors v. Agnew, 441.

3. Public Utility Holding Company Act-Judicial review.-Scope
of judicial review of dissolution order under Act. American Power
Co. v. S. E. C., 90.

4. Railway Labor Act-Adjustment Board.-Jurisdiction of fed-
eral court to determine which division of Railroad Adjustment Board
has jurisdiction of yardmaster disputes, where prolonged administra-
tive deadlock prevented settlements. Order of Railway Conductors
v. Swan, 520.

5. Alaska Unemployment Compensation Law Jurisdiction of
Commission-Judicial review.-Function of court on judicial review
of administrative order. Unemployment Compensation Comm'n v.
Aragon, 143.

ADMISSIONS. See Criminal Law, 5.

AGRICULTURAL MARKETING AGREEMENT ACT. See Ad-
ministrative Law, 1.

AIRPORTS. See Contracts.

ALASKA. See Administrative Law, 5; Labor, 4.

ALIENS. See Criminal Law, 5; Jurisdiction, I, 4.

AMENDMENTS. See Procedure; Rules; Statutes, 3.
ANTITRUST ACTS. See Patents, 2-4.

APPEALS. See Jurisdiction; Procedure.

ARMED FORCES. See also Jurisdiction, I, 5.

1. Selective service-Classification-Exemptions-Theology stu-
dents-Procedure-Theological panel.-Legality of theological ad-
visory panel; opinion of panel as to bona fides of claim of exemption;
sufficiency of evidence to support classification. Eagles v. Samuels,
304; Eagles v. Horowitz, 317.

2. Id.-Effect of fact that theological advisory panel was composed
entirely of laymen and that its report was marked "confidential.”
Eagles v. Horowitz, 317.

3. Selective service-Violations of Act-Defenses.-Erroneous clas-
sification as defense in prosecution for refusal to report to, or deser-
tion from, civilian camp. Gibson v. U. S., 338.

4. Discharge-Induction on Armistice Day-Certificate.-Draftee
who was inducted but not entrained on Armistice Day 1918 not en-
titled to honorable discharge from Army rather than "discharge from
draft." Patterson v. Lamb, 539.

ARRAIGNMENT. See Constitutional Law, XI, 4.

ASSIGNMENT. See Patents, 2.

ATTORNEYS. See Contempt; Procedure, 3; Rules.

BANKRUPTCY. See also Constitutional Law, III, 3; IV, 2; X;
Priority, 1-2; Taxation, 4.

1. Acts of bankruptcy—Appointment of receiver.-Appointment of
receiver as act of bankruptcy making R. S. § 3466 operative. Illinois
v. Campbell, 362.

2. Claims-Chap. X-Interest on interest.-Claim for interest on
interest disallowed where interest unpaid by order of court; equitable
principles control. Vanston Bondholders v. Green, 156.

3. Railroad reorganizations-Claims of state for taxes-Jurisdiction
of reorganization court.-Jurisdiction of reorganization court over
proof and allowance of claims of State for taxes. Gardner v. New
Jersey, 565.

4. Railroad reorganizations-Confirmation of plan-Reexamina-
tion.-Changed conditions here relied on did not justify reexamination
of plan of reorganization. Insurance Group Committee v. Denver &
R. G. W. R. Co., 607.

BANKS. See also Criminal Law, 3; Constitutional Law, III, 2.

Banking Act of 1933-Removal of bank director-Authority of
Federal Reserve Board.-Authority of Board to remove as director
of national bank any employee of partnership "primarily engaged" in
underwriting or distribution of securities; judicial review of order.
Board of Governors v. Agnew, 441.

BILLS AND NOTES. See Criminal Law, 3.

BOARD OF GOVERNORS OF FEDERAL RESERVE SYSTEM.

See Banks.

BROADCASTING. See Communications.

CALIFORNIA. See Constitutional Law, IX, 1.

CANCELLATION. See Transportation, 2.

CAPITAL PUNISHMENT. See Constitutional Law, I,

2.

CARRIERS. See Constitutional Law, XI, 1; Employers' Liability
Act, 1-2; Jurisdiction, I, 8; Labor, 3; Railroads; Transpor-
tation, 1-3.

CEILING PRICE. See Criminal Law, 4; Price Control, 2.

CERTIFICATE OF CONVENIENCE & NECESSITY.

portation, 2.

CHECKS. See Criminal Law, 3.

See Trans-

CIRCUIT COURTS OF APPEALS. See Jurisdiction, III; Pro-

cedure, 1, 4.

CITIES. See Constitutional Law, VII; Eminent Domain.

CIVILIAN CAMP. See Armed Forces, 3.

CLAIMS. See Bankruptcy, 1-3; Constitutional Law, III, 3; IV, 2;
Contracts; Indians; Interest, 1-5; Patents, 1.

CLAYTON ACT. See Patents, 2-4.

COLLECTIVE BARGAINING. See Labor, 1-3.

COMBINATION. See Patents, 1.

COMMERCE. See Communications; Constitutional Law, VIII, 1–5
IX, 1-3; XI, 1-3; Criminal Law, 1-3; Employers' Liability
Act, 1–2; Transportation, 1–3.

COMMON CARRIERS. See Employers' Liability Act, 1-2; Juris-
diction, I, 8; Labor, 3; Railroads; Transportation, 1-3.

COMMUNICATIONS.

Radio broadcasting-Federal regulation-License.-Denial of li-
cense because of applicant's misrepresentations to Commission as to
stock ownership, sustained. Federal Communications Comm'n v.
WOKO, Inc., 223.

COMPENSATION. See Indians; Interest, 1-5; Labor, 4.

CONDEMNATION. See Constitutional Law, VII; Eminent Do-

CONDITIONS. See Patents, 2.

CONFESSION. See Criminal Law, 5.

CONFESSION OF ERROR. See Jurisdiction, I, 12.

CONGRESS. See Constitutional Law, I, 1; II; III, 1–3; Statutes,

1,3.

CONSCIENTIOUS OBJECTORS. See Armed Forces, 3.

CONSCRIPTION. See Armed Forces, 1-4.

CONSPIRACY. See Criminal Law, 5; Jurisdiction, I, 4.

CONSTITUTIONAL LAW. See also Interest, 1-5; Jurisdiction,
I, 1–3, 6, 9–10; IV; Jury.

I. In General, p. 882.

II. Federal-State Relations, p. 882.

III. Legislative Power, p. 882.

IV. Judicial Power, p. 883.

V. Double Jeopardy, p. 883.

VI. Cruel and Unusual Punishment, p. 883.
VII. Eminent Domain, p. 883.

VIII. Commerce, p. 883.

IX. Imports and Exports, p. 884.

X. Full Faith and Credit, p. 884.

XI. Due Process of Law, p. 884.

XII. Equal Protection of Laws, p. 885.

I. In General.

1. Construction and interpretation-Validity of Act of Congress-
Avoiding decision as to constitutionality.-Courts should not pass on
question of constitutionality of Act of Congress unless unavoidable.
Alma Motor Co. v. Timken-Detroit Axle Co., 129.

2. Capital punishment-Second attempt to electrocute.-Execution
of murderer after accidental failure of electrocution not unconstitu-
tional; claim of denial of constitutional rights not supported by
record. Francis v. Resweber, 459.

II. Federal-State Relations.

Reserved powers of states-Polygamous marriage-Mann Act.-
As applied to polygamous marriages, Mann Act not unconstitutional
interference by Congress with police powers of states. Cleveland v.
U. S., 14.

III. Legislative Power.

1. Delegation-Administrative agency.-Public Utility Holding
Company Act did not unconstitutionally delegate legislative power to

« PreviousContinue »