Federal Appellate Jurisdiction and Procedure: With Rules and Forms

Elijah Nathaniel Zoline

Clark Boardman, 1928 - 792 strani

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463	lxxiii

CHAPTER I	1

General definition of writ of error	2

Constitutional provision	3

The new Federal Judicial Code	4

Jurisdiction defined	5

Essentials of appellate jurisdiction	6

Jurisdiction not affected by erroneous ruling	7

Right of deportationhow to be exercised	225

Extradition cases	226

Under process of the House of Representatives	227

CHAPTER XIV	228

SEC PAGE 400 The power of the Federal courts	229

SEC PAGE 402 Construction of the statutes	232

Falsification of evidence	233

Obstruction of due administration of justice	234

Jurisdiction over subject matter conferred by authority	8

Jurisdiction over person obtained by process	9

Organic power of the CourtJurisdiction must be retained	10

Decree outside of issues invalid	12

Effect of want of jurisdiction	13

Full faith and credit will not be accorded where no jurisdiction	14

CHAPTER II	15

Courts of law and equity defined	16

Transfer of causes	17

Doubt resolved against finality	18

litigation	20

Orders at foot of decree may be final	21

When reference to master does not affect finality	22

Orders refusing intervention final and appealable	23

Orders in removal proceedings	24

Appealable orders on sales and resale	25

Judgment or decree not final when motion to set aside pending	26

When review must await further proceedings	28

Moot questions not reviewablewhat questions are moot	30

Questions of costs not reviewable if no other controversy	33

Consent judgments and decrees not appealable	34

Decisions affecting attorneysreviewable by mandamus	35

CHAPTER III	36

Masters findingshow far conclusive	48

What Constitutes Reversible Error	63

Judge may express an opinion on evidence	80

SEC PAGE 132 Improper comments of district attorneysobjections thereto	86

Recharging the jury	88

Criminal verdictsany court sufficient to sustain	89

Misconduct of jury	90

Where facts are stipulated	91

No appeal lies from favorable judgment	93

All united in interest may join in appeal or errorespecially in equity cases	94

Separate appeal permitted where interest is separate	95

Joint appeals in criminal cases	96

Procedure for severance of record	97

Special notice unnecessary when taken in open court	98

When intervenors may appealrefusing intervention	99

Leave to appeal compelled by mandamus	100

Persons not parties to recordwhen heard	101

Who may assail state statutes	102

Jurisdiction of Supreme CourtAppeals Directly From District Courts SEC PAGE 163 General statement	105

Limitations on jurisdiction	106

Cases involving constitutionality of state statutes	107

Direct appeal to Supreme Court exclusive	108

Procedure governed by this statute	109

Statute applies to order of administrative board or commission hearing before three judges	110

Review of action of State Public Utilities Commission	111

Indictment bad in law not reviewable	112

Decisions sustaining pleas in bar	113

CHAPTER VIII	114

SEC PAGE 189 Limitations on jurisdiction	115

Repeal of former statutes	116

Requirements of certificate	117

Questions in bankruptcy may be certified	118

Time limit for application	120

Review confined to errors specified in petition	122

Questions not raised in trial court but passed upon by Court of Appeals may be reviewed	123

When more than one writ allowed	124

No jurisdictional amount	125

52	126

Verdict of guilty cannot be directed in criminal cases	127

Effect of allowance of the writ	129

Prohibition and mandamusprohibition limited to admiralty 218 Mandamus used in aid of appellate jurisdiction	130

General use of mandamuscompelling the execution of mandate	131

Mandamus when inferior court acts without authority	132

Mandamus to compel reversal will not lie	133

CHAPTER IX	134

Highest state courtdefined	146

SEC PAGE 263 Issue of law must be definite	151

Federal question must be raised in trial court	152

First raised in appellate courtwhen seasonable	153

When the state court impliedly passed upon Federal claim	154

Local law not considered except when controlling Federal question	155

What the decision of State court must show	156

When ommission to refer to Federal question not fatal to a review	157

Misconstruction of Act of Congressthe record	158

Judgments sustainable on nonFederal groundcannot be reviewed	159

Examplelaches and estoppel as nonFederal grounds	160

Rule where Federal question is controlling	161

Exceptions to foregoing rule	162

What are Federal questionsclaims under the Fourteenth Amend ment challenging the constitutionality of a state statute	163

Application and effect	164

Due process of law and equal protection of the laws	165

Embraces all agencies of state including the judiciary	166

Guaranties	167

Jurisdiction and notice essential element of due process	168

Notice necessary before judgment	169

Review of street railway assessments	170

Due process synonymous with the law of the land	171

Impairing obligations of a contract	172

What is sufficient to show claim under contract clause	173

Ordinances	174

Charters held inviolabde	175

Full faith and credit clause	176

Force to be given to a Federal judgment	177

Federal and state legislation	178

Questions under the banking laws of the United States	179

Mining claims	180

CHAPTER XI	181

CHAPTER XII	182

SEC PAGE 329 Statutory provisions	183

Power to issue writs of prohibition and mandamus in aid of ap pellate jurisdiction	185

When jurisdiction attaches	186

Appeals and petitions to revise	187

Construction of Sections 23 24 and 25 of the Bankruptcy Act	188

Care should be taken in selecting mode of review	190

Section 24distinction between 24 and controversies arising in bankruptcy	191

Petition to revise must assign error of law	192

Decrees must have definiteness and finality	194

How to review election of trustee	195

Law and fact reviewed	196

Plenary suits and summary proceedings	198

Test of summary jurisdiction	199

Court may take actual possession of property	200

When referee has no jurisdiction over questions of recovery of propertyadverse claims	201

Plea to jurisdiction must be denied by reply or replication 356 Evidence on general inquiry competent only on question of juris diction	202

Admiralty Decision of Circuit Court of Appeals is final	203

Findings of fact	204

Appeals from interlocutory orders relating to injunctions and re ceivers	205

Effect of appeal on pending cause	206

When injunction dissolved scope broadened	208

Enjoining proceedings in state courts	209

Jurisdiction of the Circuit Courts of AppealsAppeals in Habaes Corpus Removal Extradition and Deportation Proceedings	213

SEC PAGE 372 Appeals statutory and of right	214

Appeal by U S Marshal	215

Appellate tribunal prescribes mode of appealthe statute	216

Acts of state courts pending appeal to Federal Court void	217

Power to inquire into facts outside the record	218

Errors of law not reviewable by habeas corpus	219

Administration of state lawunfair trials	220

Certificate of judge prerequisite to appeal to Supreme Court of 221 388 Finality of decision	221

Removal proceedings	222

Inquiry in deportation cases limited to question whether petitioner had fair hearing	223

Assault on officer on duty	235

Bankruptcyinability to comply with order	236

Revew of civil contempt	237

Criminal contempt by a stranger to record	238

Procedure in criminal contempt	239

Record on appeal	240

Perjury in civil proceedingwhen not contempt	241

Decree should indicate hearsay evidence rejected	242

Cannot be purged by mere answer	243

Mandamus from Supreme Court to Court of Appeals to enter tain jurisdiction	244

CHAPTER XVI	246

Allowance of writs of certiorari	250

Clerk of courtpowers and duties	252

465	257

Assignment of errors	259

Sessions	263

SEC PAGE 493 Time for appeal or error to Circuit Court of Appealsthree	269

months	271

In civil antitrust causes60 days	272

When the time commences to run	273

Who may allow appeal or error to the Supreme Court of the United States	274

Power of judge of Circuit Court of Appeals	275

Petition and assignment of errors	276

Order allowing appeal or error	277

Form of writ of error	278

Assignment of errors	279

Prayer for reversal	280

Assignments held bad	281

Assignments held good	283

Crossassignments of error not permittedcrossappeals	284

Appeal bondthe statute	285

Filing the bond	286

To whom made	287

Time of return of citation	288

When lack of citation is not jurisdictional	289

Necessary if bond filed after term	290

Service on attorney sufficient	291

Prerequisites for supersedeas	292

A matter of rightfunction of court	293

Stay of death penaltythe statute	294

Time for filing bond	295

Proceedings in the lower court	296

Second appealwhen allowed	297

Second appeal from state court	299

Supersedeas in admiralty	300

CHAPTER XX	302

SEC PAGE 557 What is a bill of exceptions	303

Warning of the consequences of defective bill	304

Form	305

What the bill must contain	306

Evidencehow preserved and exceptions saved	307

Exceptions to charge	308

Exceptions to charge must be specific and taken before jury retires	309

Adjournments during term of settling bill of exceptions	314

CHAPTER XXI	320

Record who must print	332

631	338

SEC PAGE 639 Enlarging time to file record	343

Time for return	344

Appearance by appellee in admiralty	345

Printing the record Clerk to demand estimated cost	346

Practice in Second Circuit	347

When printed copies supplied	348

Printed record used in the state court may be refiled in the Su preme Court	350

Certiorari for diminution of record	354

Time for filing briefsSupreme Court	355

Briefsnumber of copiesU S Circuit Courts of Appeals	356

Specifying pages of record in brief	357

Where no questions of law are presented in Supreme Court	358

Printed argumentsbriefs	359

Motions in Circuit Court of Appeals	360

The rule in Supreme Court	361

Notice necessary	362

Lack of jurisdiction apparent	363

SEC PAGE 682 Precedenceadvancing causes on motion	364

Advancing habeas corpus cases	365

Passing and reinstating cause	366

Oral arguments	367

Reversal on face of bill in equity	368

Rehearingtime for petition	369

Interest	370

Damages for delay on affirmance in error	371

When mandates issue	372

Recalling mandate	373

Power of court to amend its own judgments	375

Bill of review	376

Bill of review for errors at law not entertained	377

Process	379

No PAGE 35 Designating part of the record under Rule 9 Subd 9 of the Su preme Court of the United States by appellant or plaintiff	381

Assignment of errors in an equity suit involving res adjudicata	384

Form of return of writ of error	391

Order allowing writ of error and admitting defendant to bail	397

Order allowing appeal and releasing prisoner on bail pending	403

Order granting leave to file petition and ruling respondent to ans	413

Petition on behalf of the Government for writ of error	419

error	425

Designating part of the record under Rule 9 Subd 9 of the Su preme Court of the United States by appellee or defendant in error	426

Form of certificate on motion to docket and dismiss appeal under Rule 10 of Supreme Court of the United States	427

Order for mandate	428

Mandate to District Court of United States	430

Bill of costs	431

Petition for writ of error from Supreme Court to higher court of state	432

Assignment of errors Constitutional questions etc	434

Order allowing writ of error to state court	435

Bond	436

Writ of error	438

Certificate of clerk of the State Court certifying the lodgment of certain documents	439

Form of certificate authenticating record	440

Mandate to State Court on dismissal for failure to file transcript of record under Rule 10	441

Mandate of the Supreme Court of the United States to State Court	442

Summons and severance	443

Mandate on order of dismissal for failure to print transcript under Rule 11	444

Petition for certiorari	445

Request for submission of petition by clerk	447

Certificate of Court of Appeals certifying questions to the Supreme Court	448

Statement of the case and questions certified to the Supreme Court of the United States	452

Writ of Error for use in the Circuit Court of Appeals Eighth Circuit	456

Citation for use in the Circuit Court of Appeals Eighth Circuit	458

Supersedeas or cost bond for use in the Circuit Court of Appeals Eighth Circuit	459

Citation used in Second Circuit	460

Petition for appeal alternative form	461

Rules of the Supreme Court of the United States	465

Rules of the Circuit Court of Appeals for the First Circuit	501

Rules of the Circuit Court of Appeals for the Second Circuit	524

Rules of the Circuit Court of Appeals for the Third Circuit	542

Rules of the Circuit Court of Appeals for the Fourth Circuit	565

Rules of the Circuit Court of Appeals for the Fifth Circuit	592

Præcipe for record to be filednoticeten days to designate por	606

Rules of the Circuit Court of Appeals for the Sixth Circuit	614

Rules of the Circuit Court of Appeals for the Seventh Circuit	640

Rules of the Circuit Court of Appeals for the Eighth Circuit	660

Rules of the Circuit Court of Appeals for the Ninth Circuit	711

Every question of fact must be submitted to jury	739

Avtorske pravice

Pogosti izrazi in povedi

action admiralty adverse party allowed amended appeal or writ appellate court appellee argument assignment of errors attorney bankruptcy bill of exceptions bond brief C. C. A. 2nd Cir C. C. A. 8th Cir certified Chicago Circuit Court citation City clerk Comm contempt copies costs counsel Court of Appeals court or judge criminal custody decision defendant in error District Court docket entitled equity error or appellant evidence facts Federal question filed final granted habeas corpus heard hearing interlocutory issue judgment or decree Judicial Code jurisdiction jury justice Lumber mandamus mandate ment National Bank notice pending petition to revise petitioner plaintiff in error printed record proceedings proper rule Section statute suit supersedeas supra taken term thereof tion transcript trial court Trust U. S. Cust U. S. Supreme Court United States Circuit unless verdict Wall writ of certiorari writ of error

Priljubljeni odlomki

Stran 14 - The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.‎

Pojavi se v 224 knjigah iz obdobja 1798–2007

Stran 140 - States, and the decision is against its validity ; or where is drawn in question die validity of a statute of, or an authority exercised under any State, on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of its 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...‎

Pojavi se v 545 knjigah iz obdobja 1803–2007

Stran 338 - DOCKETING CASES. 1. It shall be the duty of the plaintiff in error or appellant to docket the case and file the record thereof with the clerk of this court by or before the return day, whether in vacation or in term time.‎

Pojavi se v 93 knjigah iz obdobja 1821–1988

Stran 633 - In the nature of a procedendo, to the court below, for the purpose of informing such court of the proceedings in this court, so that further proceedings may be had in such court as to law and justice may appertain. 6. When costs are allowed In this court. It shall be the duty of the clerk to...‎

Pojavi se v 69 knjigah iz obdobja 1838–1979

Stran 642 - Such assignment of errors shall form part of the transcript of the record and be printed with it. When this is not done counsel will not be heard, except at the request of...‎

Pojavi se v 93 knjigah iz obdobja 1847–1957

Stran 231 - ... 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, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree, or command of the said courts.‎

Pojavi se v 337 knjigah iz obdobja 1796–2007

Stran 174 - 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...‎

Pojavi se v 373 knjigah iz obdobja 1776–2007

Stran 615 - March 3, 1911, chapter 231, the plaintiff in error or appellant shall file with the clerk of the court below, with his petition for the writ of error or appeal, an assignment of errors, which shall set out separately and particularly each error asserted and intended to be urged.‎

Pojavi se v 141 knjigah iz obdobja 1880–1988

Stran 167 - Without doubt, it denotes not merely freedom from bodily restraint, but also the right of the individual to contract, to engage in any of the common occupations of life, to acquire useful knowledge, to marry, establish a home and bring up children, to worship God according to the dictates of his own conscience, and, generally, to enjoy those privileges long recognized at common law as essential to the orderly pursuit of happiness by free men.‎

Pojavi se v 443 knjigah iz obdobja 1798–2008

Stran 586 - All matter not essential to the decision of the questions presented by the appeal shall be omitted. Formal parts of all exhibits and more than one copy of any document shall be excluded. Documents shall be abridged by omitting all irrelevant and formal portions thereof. For any infraction of this rule or for the unnecessary substitution by one party of evidence in...‎

Pojavi se v 107 knjigah iz obdobja 1798–1999

Bibliografski podatki

Naslov	Federal Appellate Jurisdiction and Procedure: With Rules and Forms
Avtor	Elijah Nathaniel Zoline
Izdaja	3
Založnik	Clark Boardman, 1928
Dolžina	792 strani

Izvozi navedbo	BiBTeX EndNote RefMan

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