Federal Appellate Jurisdiction and Procedure: With Rules and FormsClark Boardman, 1928 - 792 páginas |
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Términos y frases comunes
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
Pasajes populares
Página 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.
Página 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...
Página 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.
Página 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...
Página 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...
Página 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.
Página 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...
Página 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.
Página 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.
Página 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...