Federal Appellate Jurisdiction and Procedure: With Rules and Forms

Front Cover
Clark Boardman, 1928 - Appellate courts - 792 pages
 

Contents

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 III
36
Orders of the Interstate Commerce Commission are not reviewable
49
What Constitutes Reversible Error
63
Singling out facts prohibited
82
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
Certiorari will not lie where an appeal may be taken
126
Effect of allowance of the writ
129
Prohibition and mandamusprohibition limited to admiralty
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
Time
135
CHAPTER X
136
Where either error or certiorari may be invoked
139
Distinction between writ of error and certiorari
141
Federal law controls procedure
142
Procedure on certiorari
143
What constitutes a final adjudication
144
The jurisidiction of Supreme Court not affected by form of final judgment
145
Highest state courtdefined
146
In New Yorkto which court writ addressed
147
Who must be named as plaintiffs in errorjoint parties
148
Federal right must be positively asserted
150
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
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 U S in causes under state process
221
Removal proceedings
222
Obstruction of due administration of justice
234
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
Clerk of courtpowers and duties
252
SEC PAGE 463 Allowance of writs of certiorari
256
Cases pending transferred
257
No delay in hearing Call of calendar
259
The Rules of the Court The clerk
260
Process
261
Mandate
262
Sessions
263
Amendmentsjudgments
264
Appearances
265
CHAPTER XVIII
266
Appeals to Supreme Court from state courts
267
CHAPTER XIX
269
Supreme Court
270
Time for appeal etc to Supreme Court three months Philip pine Islands six 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
Must obtain ruling from trial court
310
By whom signed and settled
311
Effect of judges signature
312
Adjournments during term of settling bill of exceptions
314
Reservation by order of consent
315
Amending bill of exceptions
316
Decisions construing above statuterequest for findings
317
When exceptions must be taken
318
Inferences in absences of findings
319
CHAPTER XXI
320
Duplications in record not permitted
321
Opinions of the court are part of the record
322
The rules of court
323
631
338
Enlarging time to file record
343
659
356
Notice necessary
362
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
5
386
10
392
peal in a Habeas Corpus case
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
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
Process
706
Rules of the Circuit Court of Appeals for the Ninth Circuit
711
Reasonable interpretation of charge
739
Findings of referee in a common law action reviewable
780
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Common terms and phrases

Popular passages

Page 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.
Page 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...
Page 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.
Page 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...
Page 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...
Page 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.
Page 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...
Page 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.
Page 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.
Page 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...

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