The Southern Law Review: And Chart of the Southern Law and Collection Union, Volume 3Roberts & Purvis, 1877 - Law |
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Page 11
... justice of the Supreme Court of the United States . The act of Congress of the 2d of March , 1867 , gave a defend ... justice in the state court . It was thought by even such dis- tinguished judges as Mr. Justice Miller and Judge Dillon ...
... justice of the Supreme Court of the United States . The act of Congress of the 2d of March , 1867 , gave a defend ... justice in the state court . It was thought by even such dis- tinguished judges as Mr. Justice Miller and Judge Dillon ...
Page 12
... Justice Davis says of the act , that " it does not change the settled rule that deter- mines who are to be regarded as the plaintiff and defendant . " There is nothing in the act of 1875 , unless we resort to a very " liberal ...
... Justice Davis says of the act , that " it does not change the settled rule that deter- mines who are to be regarded as the plaintiff and defendant . " There is nothing in the act of 1875 , unless we resort to a very " liberal ...
Page 14
... Justice Clifford , in delivering the opinion of the court in that case , says of this argument : " It is difficult to see in what particular the jurisdiction of the state court is lessened by the last act ( the act of 1867 ) , or in ...
... Justice Clifford , in delivering the opinion of the court in that case , says of this argument : " It is difficult to see in what particular the jurisdiction of the state court is lessened by the last act ( the act of 1867 ) , or in ...
Page 15
... justice in which the plaintiff pursues his remedy to recover a right or claim . " The learned justice emphatically condemns the suggestion that one party , who may bring himself within the letter of the act of Congress , can carry with ...
... justice in which the plaintiff pursues his remedy to recover a right or claim . " The learned justice emphatically condemns the suggestion that one party , who may bring himself within the letter of the act of Congress , can carry with ...
Page 16
... Justice Clifford , “ the words of the enactment are of a character to warrant the con- struction . " Case of the Sewing Machine Companies , 18 Wall . 587. At present the last expression of the legislative will , the act of 1875 , seems ...
... Justice Clifford , “ the words of the enactment are of a character to warrant the con- struction . " Case of the Sewing Machine Companies , 18 Wall . 587. At present the last expression of the legislative will , the act of 1875 , seems ...
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Popular passages
Page 436 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 963 - The practice, pleadings and forma 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.
Page 81 - The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles supposed to have been long and well established to decide it.
Page 464 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Page 644 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 17 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 11 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Page 137 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 381 - In other countries, the people, more simple and of a less mercurial cast, judge of an ill principle in government only by an actual grievance. Here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance ; and snuff the approach of tyranny in every tainted breeze.
Page 979 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.