Handbook of Jurisdiction and Procedure in United States Courts

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West Publishing Company, 1913 - 766 pàgines
 

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Continguts

The Warrant of Seizure 122124
122
The Appointment of a Receiver 124126
124
The Defense 126128
126
The Right to a Jury 128129
128
The Adjudication
130
The Creditors Meeting 131140
131
The Examination of the Bankrupt 140143
140
CHAPTER VII
144
The Title of the Trustee 145152
145
The Trustees Duties of AdministrationRecordation of Decree of Adjudication
152
SameThe Collection of the Assets 153154
153
SameTrustees Rights against Parties Claiming Ad versely under Alleged Void Transfers etc 154156
154
SameThe Circumstances Avoiding an Alleged Illegal Transfer 157158
157
SameSameInsolvency 158_160
158
The Trustees Interest in Insurance Policies
160
The Trustees Interest in Rights of Action
161
The Trustees Duties as to Distribution of the Estate 163165
163
The Trustees Duties as to the Bankrupts Exemptions 165166
165
CHAPTER VIII
167
SameMethod of Opposing 169170
169
Grounds of Opposition to Discharge 172178
172
The Debts Not Affected by a Discharge 178181
178
Revocation of a Discharge 181182
181
CHAPTER X
198
SameFederal Jurisdiction 206209
206
SameProcedure on Habeas Corpus 213216
213
SameSuits by the United States or Any Officer
225
SameControversies between Citizens of Different
243
SameSamePlurality of Litigants 255260
255
SameVenue of Actions 264269
264
Section Page
267
SameSameSuits against Defendants of Different
270
CHAPTER XIII
278
SameDevices to Confer Jurisdiction 285290
285
CHAPTER XIV
301
Scope of the Jurisdiction 307308
307
Suits by the United States
319
Devices to Prevent Removal 322324
322
Parties Entitled to Remove 328329
328
Removal because of State Denial of Equal Civil Rights 343346
343
CHAPTER XVI
351

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Passatges populars

Pàgina 143 - ... or made a transfer of any of his property, and the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class.
Pàgina 680 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Pàgina 533 - States, and the decision is in favor of such 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 exemption specially set up or claimed by either party, under such constitution, treaty, statute, commission, or authority...
Pàgina 601 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Pàgina 152 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Pàgina 143 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Pàgina 149 - Suits by the trustee shall only be brought or prosecuted in the courts where the bankrupt, whose estate is being administered by such trustee, might have brought or prosecuted them if proceedings in bankruptcy had not been instituted, unless by consent of the proposed defendant, except suits for the recovery of property under section sixty, sub-division b, and section sixty-seven, subdivision e.
Pàgina 527 - 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; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Pàgina 168 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay, or defraud his creditors...
Pàgina 545 - An act to codify, revise, and amend the laws relating to the judiciary...

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