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

Chrisenberry Lee Bates

T.H. Flood, 1908 - 1071 pages

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Title Page

Table of Contents

Index

THE CONSTITUTIONAL BASIS OF PROCEDURE IN THE COURTS OF THE UNITED STATES 1 Three branches of the law	1

No definite line between procedure and substantive law	2

SameJudicial murders in England	3

Struggle in England for just procedure	4

Federal procedure established by constitutional provision	5

Same	6

SameFurther necessity for the examination of the con stitution in the study of federal procedure	7

SameA general view of the government requisite	8

SameState statute making proof of fire by railroad	266

clare such statutes void	285

332 Contract defined	286

SameCharters of private corporations	287

SameSameRule for construing legislative grants	289

Marriage not within the prohibition	291

Obligation of contract defined	292

Same Axioms in American jurisprudence	293

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

Other editions - View all

Federal Procedure at Law: A Treatise on the Procedure in Suits at Common Law ...
C. L. Bates
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Common terms and phrases

according action admiralty adopted application arising authority Bank born charged citi citizens citizenship civil claim classes commerce common law congress construction contract corporation crime criminal decision defined determine district due process duty effect enact enforce England equal established exclusive execution exercise existence fact federal constitution federal government foreign fourteenth amendment give granted held important imposed interest issue judges judgment judicial jurisdiction jury Justice land legislation liberty limits maritime meaning ment nature navigable necessary offense officers operation opinion original owner party persons principles privileges privileges and immunities procedure proceedings process of law prohibition protection provision punishment question Railroad reason regulation relation require respect rule secured sovereign sovereignty statute suits supreme court taking territory Texas tion trial U. S. Stat union United validity vested Wall waters writ of error

Popular passages

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...‎

Appears in 404 books from 1804-2006

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...‎

Appears in 819 books from 1801-2008

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 ‎

Appears in 664 books from 1798-2008

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...‎

Appears in 272 books from 1873-2008

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...‎

Appears in 181 books from 1798-2008

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...‎

Appears in 530 books from 1807-2008

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...‎

Appears in 916 books from 1783-2008

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.‎

Appears in 379 books from 1776-2003

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.‎

Appears in 280 books from 1852-2005

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...‎

Appears in 131 books from 1870-1999

Bibliographic information

Title	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 ..., Volume 1 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, Chrisenberry Lee Bates
Author	Chrisenberry Lee Bates
Publisher	T.H. Flood, 1908
Length	1071 pages

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