A Treatise on Federal Practice in Civil Causes; With Special Reference to Patent Cases and the Foreclosure of Railway Mortgages Volume 1

A Treatise on Federal Practice in Civil Causes; With Special Reference to Patent Cases and the Foreclosure of Railway Mortgages Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ... and that if by chance the court rose before the whole bar had been gone through, the motion should begin next morning with him whose turn it was to move at the adjournment. The business was thus both more equally distributed and much better done."1 This custom, however, if it ever did prevail, was early abolished in this country; and here usually either no method is observed, and motions are made by counsel as they catch the judge's eye, or a calendar upon which motions are placed by the clerk in the order in which they were first brought to his attention, is made and called. In the Supreme Court of the United States the Attorney-General and the Solicitor-General take precedence. When, at the hearing of a motion, the opposite party is not represented, proof of service must be shown by entry in the order-book, affidavit, or admission; and the hearing may then proceed ex parte.1 When the moving party does not then appear, his motion will be dismissed. When both sides are represented, the moving party has the right of opening and replying.8 The English rule was that, "in injunction cases, where upon an order to dissolve an injunction nisi the plaintiff shows cause upon the merits confessed in the answer; then no reply is allowed, the motion for the order nisi being considered as the application, to which the plaintiff answers by showing cause upon the merits; after this, the defendant's counsel is allowed to argue against the cause shown by the plaintiff, and this is considered as the reply."4 As a general rule, no person can be heard in support of a motion unless he has been one of the parties who gave notice of it.6 But when the object of a motion is to reverse the conclusion of a master, it seems that all persons ...show more

Product details

  • Paperback | 290 pages
  • 189 x 246 x 15mm | 522g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236842677
  • 9781236842671