Handbook of Federal Jurisdiction and Procedure, Volume 1

Front Cover
West Publishing Company, 1928 - 1151 pages
 

Contents

CHAPTER 2
45
The Penal Code of the United States
53
Warrant of Removal
62
Information
65
bill to exist at the time it was filed any equitable relief prayed for
66
Form and Content of an Indictment
69
Delivery to Accused Before Trial of Copy of Indictment
75
ceedings
76
Arraignment and Pleas
78
Jury Trial
85
42
91
43
101
45
108
Motion in Arrest of Judgment Motion for New Trial and Bill
115
Statutes of Limitations
121
Suits by the United States or an Officer Thereof
127
The PlaintiffViewpoint Rule for Determining the Amount
148
Controversy
154
Cases Involving a Federal Question
163
61
175
Diverse Citizenship Cases
184
Suits Between Citizens of Different StatesCorporations
195
Suits Between Citizens of a State and Foreign States Citizens
204
Formal Necessary and Indispensable Parties
213
Diversity of Citizenship Must Appear in the Record
220
The Admiralty Jurisdiction of the District Court
239
72
246
Suits to Enforce Penalties and Forfeitures
267
Claims Against the United States
275
Procedure in Claims Against the United States
282
Injunctions to State Officers or Boards to Restrain Enforce
288
282283
302
The Federal Courts and Judges Exercising Habeas Corpus
308
Suspension of the Writ of Habeas Corpus
314
Ancillary Jurisdiction
323
Devices to Confer Jurisdiction
332
The United States Arbitration
339
CHAPTER 4
346
The Removal Jurisdiction in General
353
Suits Involving Aliens or Foreign States
367
Removal on the Ground of Prejudice or Local Influence
382
Removal of Suits Between Citizens of the Same State Claim
389
Ancillary Proceedings and Counterclaims
402
103
411
Notice of the Filing of the Removal Petition
419
Time Within Which Removal Petition Must be Filed
427
Amendments of the Removal Petition
443
Steps in the State Court After the Filing of the Removal Petition 451457
451
Subsequent Procedure in the Federal Court
457
Motion to Remand
471
Jurisdiction and Venue Distinguished
477
Inhabitant and Resident
483

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Common terms and phrases

Popular passages

Page 644 - The said courts shall have power to impose and administer all necessary oaths, and to punish, by fine or imprisonment, at the discretion of the court, contempts of their authority: Provided, That such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Page 305 - States; or. being a subject or citizen of a foreign State, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection or exemption claimed under the commission, or order, or sanction of any foreign State, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify.
Page 39 - The jurisdiction vested in the courts of the United States in the cases and proceedings hereinafter mentioned, shall be exclusive of the courts of the several states : "First. Of all crimes and offenses cognizable under the authority of the United States.
Page 344 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in the award.
Page 72 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses...
Page 870 - By the twenty-fifth section of the judiciary act of 1789, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a 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...
Page 356 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 522 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 69 - No indictment found and presented by a grand jury in any district or other court of the United States shall be deemed insufficient, nor shall the trial, judgment, or other proceeding thereon be affected by reason of any defect or imperfection in matter of form only, which shall not tend to the prejudice of the defendant...
Page 291 - An interlocutory or permanent injunction restraining the enforcement, operation or execution of any State statute by restraining the action of any officer of such State in the enforcement or execution of such statute...

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