A Code of Federal Procedure: (Superseding Detsy's Federal Procedure.) Embodying Enactments of Congress, Constitutional Provisions, Established Principles, and Court Rules, in Force December 1, 1906, and the Bankruptcy Act of 1898, with Amendments and Orders, Together with a Collection of Forms and Precedents, Band 2Bancroft-Whitney, 1907 - 3186 Seiten |
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Seite 1050
... statutes since 1866 have abridged the time within which the right of removal must be exercised ; 4 and in construing ... statute is inflexible and imperative and may not be extended by the court in view of ignorance or accident ...
... statutes since 1866 have abridged the time within which the right of removal must be exercised ; 4 and in construing ... statute is inflexible and imperative and may not be extended by the court in view of ignorance or accident ...
Seite 1051
... statute , as , where a statute fixes the time for appearance and rules of court fix the time to plead.1 The phrase does not apply to a statute requiring defendant to answer at a certain time “ unless longer time be granted by the court ...
... statute , as , where a statute fixes the time for appearance and rules of court fix the time to plead.1 The phrase does not apply to a statute requiring defendant to answer at a certain time “ unless longer time be granted by the court ...
Seite 1052
... statute or rule requires answer , demurrer or plea will not enlarge the time for filing removal petition.14 But when a party is entitled to an extension of time under the State statutes or rules of court , as of right , he is not ...
... statute or rule requires answer , demurrer or plea will not enlarge the time for filing removal petition.14 But when a party is entitled to an extension of time under the State statutes or rules of court , as of right , he is not ...
Seite 1060
... statutes , the circuit court's jurisdiction has attached and no order by the State court in the premises can effect it.16 It is equally true , however , that the State court is not bound to re- 20See Probst v . Cowen , 91 Fed . 931 ...
... statutes , the circuit court's jurisdiction has attached and no order by the State court in the premises can effect it.16 It is equally true , however , that the State court is not bound to re- 20See Probst v . Cowen , 91 Fed . 931 ...
Seite 1070
... statute is prima facie sufficient . The fact that affidavit is on informa- tion and belief is not a fatal objection when it is positive in form and sets forth facts and circumstances . A removal bond has frequently been ten- dered the ...
... statute is prima facie sufficient . The fact that affidavit is on informa- tion and belief is not a fatal objection when it is positive in form and sets forth facts and circumstances . A removal bond has frequently been ten- dered the ...
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Häufige Begriffe und Wortgruppen
30 Stat act July Act June act March Admiralty Rule adverse party affidavit alleged allowed amended answer ante appellee application argument arrest assignment of errors attorney bail bankrupt bankruptcy bill of exceptions Blatchf bond brief cause certified certiorari circuit court citation claimant Clause clerk Code commissioner copy costs counsel court of appeals creditors custody defendant in error deposition dismissed district court docket entitled equity error or appeal evidence facts Federal fees filed granted habeas corpus hearing issue judge judgment or decree jurisdiction jury libel marshal ment motion notice originally enacted papers pending person personam petition plaintiff in error prisoner proceedings proper prosecution reference removal Revised Statutes section was originally stipulation suit Supersedeas bonds Supreme Court sureties taken term testimony therein thereof tion transcript trial trustee U. S. Comp United unless vessel Wall witnesses writ of error
Beliebte Passagen
Seite 1205 - That any person or persons claiming to be damaged by any common carrier subject to the provisions of this act may either make complaint to the Commission as hereinafter provided for, or may bring suit in his or their own behalf for the recovery of the damages for which such common carrier may be liable under the provisions of this act...
Seite 1204 - Whenever it shall appear to the court before which any proceeding under section four of this act may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not ; and subpoenas to that end may be served in any district by the marshal thereof.
Seite 1206 - If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may file in the district court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, * * * a petition setting forth briefly the causes for which he claims damages, and the order of the commission in the premises.
Seite 1214 - , approved February fourth, eighteen hundred and eighty-seven, or of any amendment thereof on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. 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 said Commission,...
Seite 1214 - An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, and amendments thereto. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements and documents before the Interstate Commerce Commission, or in obedience to the subpoena of the commission, whether such...
Seite 1206 - ... shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. (b) If a carrier does not comply with an order for the payment of money within the time limit in such order, the complainant, or any person for whose benefit such order was made, may...
Seite 1405 - ... in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with or statement by the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Seite 1459 - Congress and to submit therewith recommendations for additional legislation; and to provide for the publication of its reports and decisions in such form and manner as may be best adapted for public information and use.
Seite 1748 - ... that he will support the Constitution of the United States, and that he absolutely and entirely renounces and abjures all allegiance and fidelity to every foreign prince, potentate, state or sovereignty, and particularly, by name, to the prince, potentate, state or sovereignty of which he was before, a citizen or subject," which proceedings must be recorded by the clerk of the court.
Seite 1054 - ... and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such circuit court, on the first day of its then next session, a copy of the record in such suit, and for paying all costs that may be awarded by the said circuit court if said court shall hold that such suit was wrongfully or improperly removed thereto, and also for their appearing and entering special bail in such suit if special bail was originally requisite therein.