Page:Legal Bibliography, Numbers 1 to 12, 1881 to 1890.djvu/117

 LEGAL BIBLIOGRAPHY, No. 12. 3 (NEW.) FOSTER'S FEDERAL PRACTICE. EQUITY. -COMMON LAW. -REMOVAL OF CAUSES. PI B1>ISUKD IN JANI AKY, 1890. A Treatise on Pleading aud Practice in I'2quity in the Courts of the United States, with chapters on Jurisdiction of the Federal Courts, Practice at Common Law, Removal of Causes from State to Federal Courts, and Writs of Error and Appeals, with special references to Patent Causes and the Foreclosure of Railway Mortgages. By Roger Foster, of the New York Bar, author of Foster's •• Fe leral Judiciary Acts" and "Trial by Newspaper," and Lecturer on Federal Jurisprudence at the Law School of Yale University. One Volume. Laiv sUeep. 86.00 net. Until now there has been no treatise on Federal Practice. There have been annotated collections of statutes and rules ; there have been theoretical discussions of the Federal Judiciary ; there have been monographs on Kemoval of Causes, and other special branches of tiie subject ; but there has been no work explaining at length the Federal Practice at Common Law or in Equitj-. From existing works the practitioner has been unable to obtain practical assistance in this direction, unless lie was already familiar with the English Chancery Procedure. Furthermore, the legislation of Congress in 1887 radically changed the jurisdiction of the Federal courts. Mr Foster's work, filling thoroughly this obvious gap in our legal literature, contains a full e.Yplanation of every step in the pleading and practice of a suit in equity, including everything in Mitford's Equity Pleading and Daniell's Chancery Practice which is of practical use at the present time. It contains also a full e.planatit5n of the extent and limitations of the jurisdiction of the Federal courts ; of their practice at common law, so far as it is independent of the statutes of the several States ; of the removal of causes, and qf the procedure upon writs of error and appeals, together with a summary of the details of all the statutes pertaining to these slibjects, and the rules of the Supreme Court, with references to decisions. In short, it is a full treatise upon ruE WHOLE DOMAIN OF FKDi.uAL PRACTICE, except In admiralty, in criminal law, and in the Court of Claims. Special attention has been paid to the practice in patent causes, and the fore- closure of railway mortgages. The statutes and decisions comprise everything that is material, to the end of Vol. 25 of the U. S. Statutes at Large,, of 131 J. S.,and of 38 Federal Reporter, as well as such sulisequent cases as were published while the book was being printed. An Appendix contains a collec- tion of Forms, taken from precedents in actual use; the Equity Rules, the Rules of the Supreme Court, and the Acts of 1887 regulating the prosecu- tion of claims against tlic Uiiiteil States and the jurisdiction of the Circuit Courts, together with amendments to the present time. CONTENTS. I. JuKisDiCTioN. [1. Equitable .hn is- locutory Applications and Pf.titions. diction in General. '2. General Survey XT. Ix.H -nctions. XVH. Receivers. of the Jurisdiction of Courts of K(iuity. Will. The Wkit of Ne E.xeat Ke- affecting the 3. Constitutional Provi Jurisdiction of the Fede Distinction between L:r Federal Courts. 5. i . the Jurisdiction in 1 Courts, (i. State St., the Jurisdiction n,<- i of I''ed,.rali'.anfsnf I. Courts oi Kniiity. -. .i;,' s.aiiii, - ,,i Limitation. 'J. I'ropeily in tlic Custodv of a State Court. 10. Property in the Custody of a Federal Court. 11. "illustrations o"f Equitable Jurisdiction in the FederalCourfs. 12. Illustrations of Cases where the ! ■ ! eral Courts have refused to assume E'|:i i ble Jurisdiction. 13. Federal ("ourts . ! have Jurisdiction in Equity. 11. ( Equitable Jurisdiction ot the.Supremei ; 15. Original Jurisdiction of the ( ir Courts of the Cniti'd Stat Dispute. 17. s^iiit- the in !•; the XXI Hi XXHI. Office. XX T. I XIX. Evidence at Law and . XX. isJiissAL OF Bills. uiNGs, XXri. IssCFs AT Law. ■I l:^. X.WIL roKlcECTl.i.N ,,F 1 ~. mtiilrwise than nv Appe.i III. Practice at Common ] .hibiti-; on . I ■i I : I i and in Equity. ' I 1 : . and Depositions. Aliai-' ai... Revivor. 374. Trials, iiidci- the 37-"i. Rules of Decision at Common Law. I States, j 376. New Trials. 377. Bills of Exceptions. I differ- I 378. Judgments. 379. Correction of Judu'- I iidiu' inrMit- by Courts that rcnderci ilii-ni. "Sn.  <■}' I  ' ''i^ins andProceediuL'- III. > i ir- I ' -'iSI. Condemiialii . I' • I • •   I X. Removal of < ai -> -. I'll . iMMval of Causes from our Fcdcial Jl. Siiit> Court to another. 383. What Causes ma' Dis- bo removed from a State Court to a Cir- -'0. Ter- : cuit Court of the United States. 381. 1 the Su- I Separable Controversies. 385. Practice on preme. Circuit, and District Courts of the | Removal in General. 386. Practice on Lmited States. 27. Sources of Federal : Removal for Prejudice and Local Ldiu- ce. 387. Practice fui Removals of Suits Constitution m I. i ■ 18. Controvr, - :. ent States. . Grants of I liii Jurisdiction. I diction by I;. ■ ; tion upoii .luri-iiii ; Southern District of bv Assignees. 25. trict Courts of the C ritorial Jurisdiction Equity Practice.] 11. Vm;s.is h 11,1 MAV be PLAINrll I - OR Di l l MUM ^ IN A SriT in Eoi 1 1 1 nr. pAi.i II, i. liii.Ls. V. suBi'.i. NA- TO Api l.k .v.Ni) Answer. VL .Vppk.vr- AxcE. VIL Iaking Bills Pro Coxfesso. VIII. Demurrers. IX. Pleas. X. An- swers and Disclaimers. XI. Replica- tions. XII. Amendments. XIII. Cross- i Bills. XIV. Bills of Revivor; Scp- plemental Bills; Bills of Revivor AND Supplement; and Bills in the Nature of the same. XV. Inter- coi:t:iiiiiii^- ( ,.iin-..-Hi -ii'- between Citizens 'I I ' - i:i. i'-. .1 iiiing Land under •■1.1, ii- (.1 1.;. I ";388. Practice in lieui'ival of Suit- a^rainst Revenue Officers. 389. Practice ni Removal of Cases arising under Civil Rights Laws. 390. Filing of Record. 391. Practice after Removal. 392. Effect of Removal. 393. Remand.] Appendix. I. Forms. II. Statutes. III. Equity Rules, etc. (FINAZLY COJTFLETED.) CHITTY'S ENGLISH EQUITY DIGEST, In nine FOURTH EDITIOX. volmnes, fJiiek octavo, slteej> or half calf. SfOO.SO net. There are no decisions to which our courts listen with more respect than to a good, pertinent English equity case. This fact has been recognized in our law hterature by the republication of the sixty-nine volumes of the "English Chancery Reports," which are to be found in nearly everj' town and village in the United States. To these, and to the scores and hundreds of other English equity rejiorts not republished in America, there has been no digest of any kind since the third edition of Chitty's Equity Digest, published in 1853, just a generation ago. The successive English Common-law Digests — Harrison, Fisher, Jlews, and the American reprint known as Jacob's Fislier's Digest — coutain no equity- cases, except a few selected decisions between 1870 and 1880. Whoever has either of these digests, therefore, covers only half the English Reports, — the less important half, — and needs besides, to commaml the whole range of English law, a good equity digest. This need is met by the publication of a fourth edition of Chitty's EUitv Digest, completed in December, 1889, by the publication of the ninth and last volume. This excellent work is so admirably arranged, and gives so fully not only a statement of the decision, but also the facts in each case, that it merits the title of " An Encyclop.edia of Equity." In most instances, the lawyer who uses Chitty's Equity Digest can find in it all he needs of a case, without referring to the original reports. Eacli. important topic is so well subdivided, and the decisions follow each other in such logical order, as to make almost a treatise on the subject. Every laiiijer who has the ''English Chancery Reports" needs Chitty's "Equity Digest "as a key to them. Every Laivyer wJio has the Law Rej>orts needs Chitty's "Equity Digest" as a key to the Chancery scries. Every lawyer who has Fisher's Digest, or Jacob's Fisher's Di- gest, or ^feics's Digest, needs Chitty's " Equity Digest" to complete the set. Every lairyer enlarging liis library trill do well to hay Chitty's ''Equity Digest," as a storehouse of crcellent lau-. Each volume of Chitty's Equity Digest contains over two thousand large and closely printed columns, equal in all to three or more volumes of our own reports. Although the set contains so much matter, and is so expensive to print, it is offered in America (in sheep or in half calf binding, as the purchaser may elect) for oiilj/ Eif/ht Dollars j^er Volume, — lower, in proportion to its size and contents, tlnui most of our State and national digests. The Latest and Best Common-Law Digest. The companion of Chitty's Equity Digest on the shelves of a lawyer should be Mi3WS'S ENGLISH COMMON-LA-W DIGEST. In seven larfie volumes, it covers the English King's Bench, Common Pleas, Exchequer. Admiralty, etc.. Reports from 175G down to 188:!. {Coventry & Hughes's Digest. 1832, covers the old folio Reports back of I7 j6.) In common with Chitty's F'quity Digest, it has the merit of presenting the principal cases at such length that reference to the original reports is rarely necessary. Frice. 7 vols., half lau- calf. S.>0,OO net. Supplement to Mews and Chitty, 1883-88. Just received ( 1 )ecemlier), the volume known in England as ME'WS'S CONSOLIDATED DIGEST, which is a supplement both to Chitty's 1;quity Digest and ilEws's Com^ion-Law Digest, bringing them both down from 1883 to 1888. Price, in full sheep, or in half law calf. SO.OO net. A COMPLETE ENGLISH DIGEST. Almost as Useful ns a full set of the Reports. MEWS'S COMMON-LAW DIGEST. 7 vols. CHITTY'S EQUITY DIGEST. 9 vols. MEWS'S SUPPLEMENT TO BOTH. 1 vol. These sercnteeti volumes cover the whole of the e.vcellcnt reports of the decisions of the English Law. Equity, and Appellate Courts, from the time of Dlacksfone down to fin- •• T.aw Re- ports." yo lauyer in good practice has a comj'lcte library ivithout these digests. The seveitteot volumes tvill be sold together for Sl'^O.OO net. Address The Boston Book Co. (Charles C. Soule, President J, Boston, 3Iass.
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