Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law in the Circuit Courts of the United States : Accompanied With, as a Basis of Federal Judicial Procedure, a Statement of the Dual System of Government Created by the Federal Constitution and the Constitutional Limitations Imposed Upon the State and Federal Governments and the Creation of the Federal Judicial System and the Jurisdiction of All the Federal Courts, Volume 1

Front Cover
T.H. Flood, 1908 - 1071 pages
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Contents

CHAPTER II
9
By revolution the thirteen colonies became sovereign states
10
Two governments in each stateRelations between them Each supreme in its sphere
11
Sovereignty of the state restricted by the federal constitu tion
12
Two judicial systems in each state
13
The government of the United States is national in its char acter
14
Implied powers of the federal government
15
SameMeaning of implication
16
The powers of government classified according to their dis tribution by the constitution
17
The commercial powerReasons for vesting it in the na tional government
18
The power to regulate commerce is vested in the legislative branch of the government
19
Constitutional provisions correlated to the commerce clause
20
Commerce within the meaning of the constitution is a unit
21
The commercial power of congress does not extend to state commerce
22
Commerce defined
23
Failure of congress to act in regard to any commercial sub ject of a national nature is a declaration that as to such matter commerce shall remain free
24
The reserved powers of the states
25
Sovereignty of the states over their navigable waters and the soils beneath them
26
Same Mississippi River
27
Riparian rights subordinate to the commercial power of congress
28
Authority to maintain bridge across navigable stream
29
SameFederal statute requiring assent of the federal gov ernment
30
Power of the states to improve their harbors bays and navi gable rivers
31
Admiralty jurisdiction of the United States over the public navigable lakes and rivers of the states
32
State pilotage lawsAdministered in federal courts
33
Same Combinations in restraint of trade among states
36
SameConstituent elements of the jurisdiction 506
40
CHAPTER III
43
SameSuit against receiver of national bank 527
46
CHAPTER IV
50
THE COMMONLAW AND EQUITY JURISDICTION OF THE CIR
51
THE STATE SYSTEM OF PLEADING FOLLOWED IN THE
52
When United States supreme court follows state decisions
54
CHAPTER V
65
State system of pleading adopted in the federal courts
67
a STATEMENT OF SOME GENERAL PRINCIPLES INTRODUCTORY
68
When congress has legislated upon a matter of procedure 657
69
Same Effect of the fourteenth amendment
71
SameStatutory definitionPunishment of treason
72
SameDefined by United States supreme court
74
SameHistory and character of the procedure in England The commons the grand inquest of the realm
75
Jury carrying with them written evidence upon retiring from
77
SameSameObjects and purposes of parliamentary
78
SameObjects and purposes of impeachments under the federal constitution
79
SameRight of trial by commonlaw jury
80
Due process of lawMaxims of the English constitution and the common law
81
Due process of law secured by constitutional limitation upon both federal and state governments
82
The constitutional provision securing due process of law as against the action of the federal government
83
by law 588
84
The federal rule for determining what is due process of law
85
Same_Controlling force of the federal constitution
86
The due process of law of the English constitution em bodied in the amendments to the federal constitution
88
SameRequisites of lawful search
89
No person compelled to be a witness against himself in a criminal case
90
SameExtent and application of the principle
91
Same Meaning of the words any criminal case
92
SameSameDiscovery in a suit in chancery
93
SameSameStatutes protecting witnesses from prosecu tion
94
SameSameAct in relation to testimony before the inter state commerce commission
95
The maxim Nemo tenetur seipsum accusareIts history and exceptions to the rule
96
SameTest of admissibility of confessions
98
Fourth and fifth amendments violated by federal legislation
99
Presentment or indictment by grand jury required in prose cutions for infamous crimes
101
SameProceedings supplementary to execution 664
115
SameWhen accused discharged
126
Same Meaning of the phrases cases in law and suits at 9 common law
127
SameNot to be defeated by blending legal and equitable demands
128
SameNot applicable to court of claims
129
Fact tried by jury not reexamined otherwise than accord ing to the rules of the common law
130
SameDoctrine stated by Justice Gray
131
Eminent domain
132
SameWhat is a taking
133
SameMode of procedure in exercising the power
134
Writ of habeas corpus
135
CHAPTER VI
137
Same SameCriminal trial by a jury of less than twelve
140
SameSamePower of United States circuit courts to
142
The purposes of this chapter
143
Principles of the government as settled prior to the adoption of the late amendments
144
SameDivided sovereigntyThe doctrine of Marshall Ta ney and Waite
146
SameMunicipal sovereignty of the states defined
148
Same SameStates power of taxation
150
SameSameTaxation of property employed in interstate commerce
151
SameSame Taxation of intangible property
152
Same SameSame
153
SameSameInheritance tax
155
System of government not changed by the adoption of the late amendments
156
The police power of the states preserved intact
157
SameState police regulations incidentally affecting inter
160
c CITIZENSHIPNATIONAL AND STATE
190
SameCommon law rule
196
SameProvisions of the articles of confederation
219
Privileges and immunities of the citizens of the several states under the constitution
220
SameDefined by Justice Field
221
SameDefined by Justice Miller
222
SameEquality of right in assets of insolvent debtor
223
SameSame Liberty of contract
224
SameCorporations not citizens within the meaning of this constitutional provision
226
SameCommon property of the stateFisheries
227
Same Marital rights
228
SameStatute of limitations not running in favor of party out of the state
229
What are not privileges and immunities of citizens of the United StatesRight to vote
231
SameState statutes prohibiting the carrying of danger ous weapons
232
SameState judicial procedure
233
SameSameJury in civil cases
234
SameSameForm of action in civil cases
235
SameThe states control their own judicial procedure Law a progressive science
237
SameFirst ten amendments no restraint on the states
239
SameSameCriminal prosecution upon information
240
SameSame Capital execution by electricity
241
SameSameUnreasonable searches and seizuresEvi dence
242
SameSameTrial without jury in civil cases
243
SameSame Contempt trial without a jury
244
Same SameNotice
245
Same SameWhether a taking is for a public use presents a federal question
246
SameSameTaking for private use
248
SameState law requiring transfer facilities at railroad intersections
249
Same SameLimitations of the fourteenth amendment operate on all instrumentalities of the state government
251
SameState statute denying nonresident corporation equality in distribution of insolvents assets
252
SameWhen notice and an opportunity to be heard are requisite
254
SameSameWhat is due process of law in taxation General rule
255
SameSameSameNotice
256
Same Same Local assessmentsrule of apportionment
257
SameSameSameFrontage ruleNorwood v Parker
258
SameSameTaxing nonresident mortgagees interest in the mortgaged land
259
SameSame Classification for taxation
260
SameTaxing power vested in the legislature
261
9 EQUAL PROTECTION OF THE LAWS 299 The states prohibited denying equal protection of the laws
263
Same Rules stated by supreme court of Wisconsin
264
SameState statutes making railroad companies absolutely responsible for damages by fire from their engines
265
SameRule stated by Mr Justice Bradley
294
Judgment for tort not a contract
295
Increasing exemption from execution sale
296
SameSameChange of state decision
297
Bills of credit defined
298
1 No IMPOSTS OR DUTIES TO BE LAID BY THE STATES ON IMPORTS OR EXPORTS EXCEPT FOR EXECUTING INSPECTION LAWS 352 ...
299
out taxation by the state
300
SameWhat is the original package
301
Effect of a sale of imported articles
302
Duty on exports defined
303
The states prohibited from levying tonnage tax
304
CHAPTER VII
311
Same Constitutional distribution of judicial power to
317
SameCreation of the United States circuit courts of
321
CHAPTER VIII
330
6 THE COMMON LAW AND EQUITY JURISDICTION OF THE CIRCUIT
331
The judicial power of the United States embraces three
334
Same Jurisdiction of the court of claimsUnited States
336
The distinction between legal and equitable remedies
340
Neither petition for writ of error nor assignment of errors
341
Application for the writ 812
342
SamePower of congress to regulate the exercise of the
343
No reexamination of facts upon writ of error from
349
Bills of exceptions defined 796
352
Degree of certainty required in setting up the federal ques
355
forms a part of record
357
To give the supreme court jurisdiction the federal question must have been decided adversely to the plaintiff in er ror
358
Writ of error lies to review final judgments only
360
SameFinal judgment defined
361
To what court of the state the writ of error should be di
362
SameThe writ should run to the court where the record remains
363
The writ of error the foundation of the jurisdiction
364
Form and requisites of the writ of error
365
SameWhen clerk of state court refuses to make return
366
Supersedeas upon writ of errorA statutory remedy
368
Citation in errorBy what judges signed
369
A petition for removal is a special appearance only 713
370
Mode of serving citation in error
371
Parties to writs of error
372
The plaintiff in error must have a personal interest in the federal question
373
The plaintiff in error must bring his case within the judi ciary act
374
6 APPELLATE JURISDICTION OVER THE INFERIOR FEDERAL Courts 459 Appellate jurisdiction of the supreme court over circuit and district c...
375
SameNo pecuniary limit
376
SameWrits of error on behalf of the United States in criminal cases where there has been no jeopardy or ver dict in favor of defendant
377
Time within which writ of error must be sued out 813
380
Classes of cases in which the federal courts may issue
383
Same_Cases of urgency requiring immediate action
389
THE JURISDICTION OF THE SUPREME COURT TO ISSUE WRITS
394
CHAPTER XIII
403
SameSameAverment of frivolous constitutional ques
406
The question as to the limits of the judicial power in ad miralty and maritime jurisdiction is a judiciarl question
407
SameJudicial tendency to enlarge the jurisdiction
408
The general maritime law not in force in this country ex cept so far as adopted
409
The power of congress to legislate upon the subject of mari time law
410
Legislative adoption of rule of general maritime law
411
The maritime code of the United States
412
SameThe Harter act
413
The law of the high seas
414
Same Contracts of affreightment made in foreign coun tries
415
In the adjudication of prizes courts of admiralty are gov erned by the laws of nations
416
Seizure and condemnation of piratical vessels
417
Rule defining the public navigable waters of the United States
418
SamePortage and artificial improvements
420
SameNavigable rivers flowing wholly within the terri torial limits of one state
421
SameSameSameThe Yazoo river in the state of Mis sissippi
422
SameSameSameGrand river in the state of Michigan
423
SameSameSameFox river in the state of Wisconsin
424
SameThe admiralty jurisdiction not controlled by the power to regulate commerce
425
SameWhat are navigable waters is a judicial question
426
Rule defining navigable waters of the state
427
Criminal jurisdiction in admiralty
428
SameAct of Feb 26 1845Founded in judicial mistake
429
SameSameSameObsolete legislation
430
SameThe states may create maritime liens but cannot confer on their own courts admiralty jurisdiction to en force them
431
Maritime contracts
432
SameSame SameMortgage not made maritime con tract by the registry act
433
Marine torts
434
549b SameDifference between maritime lien and common law lien
435
SameA maritime lien is a present right of property
436
SamePriority of maritime liens
437
SameSameMaritime lien for supplies takes precedence over prior mortgage
438
Forms of actions or suits in admiralty
439
b THE EXCLUSIVE ORIGINAL JURISDICTION OF THE DISTRICT COURTS OF THE UNITED STATES IN ADMIRALTY AND MARITIME C...
440
Same Immaterial that the tort is committed within the waters of a foreign country
441
The ship and the owner not to be joined in the same libel
442
Jurisdiction of suits by seamen for wages
444
Towage contracts
445
SameState laws regulating pilotage constitutional
446
SameLibel for salvage against the United States
447
Jurisdiction of suits on policies of marine insurance
448
Jurisdiction of suits on maritime hypothecation
449
SameRespondentia bonds
450
Jurisdiction of suits on affreightment contracts
451
Stevedores
452
Jurisdiction of suits for damages by collision
453
Jurisdiction of suits for damages to vessels caused by ob structions negligently left in navigable waters
454
Jurisdiction of suits for assault and battery
455
Jurisdiction of suits under the limited liability act
456
Same Seizure necessary to vest jurisdiction
457
Jurisdiction of prize jure belli
458
SameInterventions
459
CHAPTER XIV
460
District courts are courts of common law equity and ad miralty
461
District courts are government courts
462
Statutes defining the jurisdiction of the district courts
463
SameAdditional legislationRevised Statutes
464
Suits for penalties and forfeitures
465
SameExclusive jurisdiction of the district courts as to penalties incurred under the custom laws
466
SameSuits by receivers of national banks
467
SameSameJurisdiction to order receivers to sell or com pound debts and sell real and personal property
468
Suits for penalties and damages for frauds against the United States
469
Jurisdiction of seizures on land and waters not navigable
470
Suits by assignees of debentures
471
Suits to redress deprivation of rights secured by constitu tion and laws of the United States
472
Suits brought by aliens for torts in violation of the laws of nations or treaties
473
Suits against consuls and viceconsuls
474
Suits against the government under the Tucker Act
475
SameSetoffs and counterclaims
476
SameFour classes of cases contemplated by the Tucker Act
477
SameSuit for salvage when the government is benefited by the salvage service
478
SameA proceeding to condemn private property for public use is a suit at common law
479
Jurisdiction of suits under the act to prevent unlawful
480
Same Classification of contracts at common law 634
486-1
Annuity 639
486-3
Assumpsit 639
486-4
Same The great commonlaw action 641
486-8
SameSameSameFenn v Holme 609
486-9
SameJurisdiction of the land department 612
486-15
Detinue 642
486-24
Qualifications of jurors 738
486-26

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Page 150 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government. The completely internal commerce of a state, then, may be considered as reserved...
Page 192 - The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade or any other pretence whatever...
Page 236 - The fact that the right involved is of such a character that it cannot be denied without violating those " fundamental principles of liberty and justice which lie at the base of all our civil and political institutions
Page 484 - States from any foreign country any obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever for the prevention of conception or for causing unlawful abortion...
Page 180 - It does not invest Congress with power to legislate upon subjects which are within the domain of State legislation; but to provide modes of relief against State legislation or State action, of the kind referred to. It does not authorize Congress to create a code of municipal law for the regulation of private rights...
Page 350 - 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 219 - The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, (paupers, vagabonds, and fugitives from justice excepted,) shall be entitled to all privileges and immunities of free citizens in the several States...
Page 95 - But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before sadd commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding: Provided, That no person so testifying shall be exempt from prosecution or punishment for perjury committed in so testifying.
Page 279 - The fourteenth amendment to the Constitution of the United States does not prohibit legislation which is limited either In the objects to which it is directed, or by the territory within which it Is to operate. It merely requires that all persons subjected to such legislation shall be treated alike, under like circumstances and conditions, both In the privileges conferred and In the liabilities imposed.
Page 57 - After a statute has been settled by judicial construction, the construction becomes, so far as contract rights acquired under it are concerned, as much a part of the statute as the text itself, and a change of decision is to all intents and purposes the same in Its effect on contracts as an amendment of the law by means of a legislative enactment...

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