Procedure in Federal Courts: Hearing Before a Subcom...on S. 2060...& S. 2061...Feb. 2, 19241924 - 82 pages |
Common terms and phrases
38 Stat act of March admiralty affirmed American Bar Association appeal or writ appellate jurisdiction application approved bill brought Canal Zone certify questions Chairman circuit courts common law Congress Constitution controversy Court for Alaska Court of Claims courts of appeals direct appeal direct review Dismissed for want district courts District of Columbia docket drawn in question effect equity error or appeal existing law Federal courts final judgments granted habeas corpus proceedings hearing indorsed involved judgment or decree judgments and decrees Judicial Code judicial procedure Judiciary Committee Justice MCREYNOLDS Justice SUTHERLAND Justice VAN DEVANTER lawyers legislation litigant matter Ninth Circuit obligatory jurisdiction paragraph pending petition for certiorari pleading Porto Rico present President provides Revised Statutes Senator CUMMINS Senator OVERMAN Senator SPENCER SHELTON suit superseded by section Supreme Court thereof tion uniform United States Court United States district wherein writ of certiorari writ of error
Popular passages
Page 3 - 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 6 - An Act To declare the purpose of the people of the United States as to the future political status of the people of the Philippine Islands, and to provide a more autonomous government for those islands.
Page 16 - Court of the Canal Zone and to render such judgments as in the opinion of the said appellate court should have been rendered by the trial court in all actions and proceedings in which the Constitution, or any statute, treaty, title, right, or privilege of the United States, is involved...
Page 5 - ... it shall be competent for the Supreme Court of the United States, upon the petition of a party aggrieved by the final judgment or decree, to require, by certiorari, that the cause be certified to it for review and determination with the same power and authority, and with like effect, as if the cause had been brought before it on writ of error or appeal...
Page 25 - This is at present the law; but in addition to this it is provided that where one takes out a writ of error from the Supreme Court of the United States to...
Page 5 - Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the United States...
Page 36 - ... repugnant to the Constitution, treaties, or laws of the United States; or where any title, right, privilege, or immunity is specially set up or claimed by either party under the Constitution, or any treaty or statute of, or commission held or authority exercised under, the United States ; and the power to review under this paragraph may be exercised as well where the federal claim is sustained as where it is denied.
Page 23 - ... injunction is granted, continued, modified, refused, or dissolved by an interlocutory order or decree, or an application to dissolve or modify an injunction is refused, or an interlocutory order or decree is made appointing a receiver, or refusing an order to wind up a pending receivership or to take the appropriate steps to accomplish the purposes thereof, such as directing a sale or other disposal of property held thereunder, an appeal may be taken from such interlocutory order or decree to...
Page 4 - States, and the decision is in favor of their 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, and the decision is against the title, right, privilege, or immunity specially set up or claimed, by either party, under such constitution, treaty, statute, commission, or authority, may be re-examined and reversed or affirmed in the Supreme Court upon a writ of...
Page 58 - The practice, pleadings, and forms and modes of proceeding in civil causes other than equity and admiralty causes in the circuit and district courts shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.