The Federal Reporter, Volume 175West Publishing Company, 1910 - Law reports, digests, etc |
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Page 12
... parties to the date of the contract . [ Ed . Note . For other cases , see Evidence , Cent . Dig . § 1923 ; Dec. Dig . § 419. * 1 In Error to the Circuit Court of the United States for the Middle District of Alabama . Action by John D ...
... parties to the date of the contract . [ Ed . Note . For other cases , see Evidence , Cent . Dig . § 1923 ; Dec. Dig . § 419. * 1 In Error to the Circuit Court of the United States for the Middle District of Alabama . Action by John D ...
Page 17
... parties . We see no reason why the agreed value of the first shovel is not equally binding on both parties in a suit for breach of the contract by the buyer , Roquemore , against the seller , the Vulcan Company . For the purpose of ...
... parties . We see no reason why the agreed value of the first shovel is not equally binding on both parties in a suit for breach of the contract by the buyer , Roquemore , against the seller , the Vulcan Company . For the purpose of ...
Page 18
... parties agreed about the price , unless that is disclosed in the contract and made a part of it . " In Brooks v . Hubbard , 3 Conn . 58 , 8 Am . Dec. 154 , where the writ- ing sued on provided that payment of a fixed sum was to be made ...
... parties agreed about the price , unless that is disclosed in the contract and made a part of it . " In Brooks v . Hubbard , 3 Conn . 58 , 8 Am . Dec. 154 , where the writ- ing sued on provided that payment of a fixed sum was to be made ...
Page 27
... parties here as to the same , we do not deem it material for us to consider . We do not at all rest our decision on this subsequent action of the land office . The testimony offered for the defendant on the trial of this case tended to ...
... parties here as to the same , we do not deem it material for us to consider . We do not at all rest our decision on this subsequent action of the land office . The testimony offered for the defendant on the trial of this case tended to ...
Page 49
... parties , and thereupon refer the case to a master for a ministerial purpose only , and no further proceedings in court are contem- plated , the decree is final ; but if it refer the case to him as a subordinate court and for a judicial ...
... parties , and thereupon refer the case to a master for a ministerial purpose only , and no further proceedings in court are contem- plated , the decree is final ; but if it refer the case to him as a subordinate court and for a judicial ...
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action adjudication agreement alleged amended amount application baking powder bank bankrupt bankruptcy bill bonds cause cause of action Cent charge Circuit Court Circuit Judge claim claimants coal complainant complainant's contract corporation Court of Appeals court of equity creditors damages debt decision decree defendant demurrer Digs District Court District Judge entitled equity error evidence fact federal court filed fraud Grand Trunk Railway held infringement injunction injury issue judgment jurisdiction jury land lease Leslie county liability libelant lien matter ment mortgage motion Note Note.-For NUMBER in Dec opinion owner paid parties patent payment person petition petitioner plaintiff plaintiff in error prior art proceeding purchase purpose question railroad company Railway reason receiver referred Rep'r Indexes rule Stat statute stearin subrogation suit testimony thereof tion topic trade-mark trustee U. S. Comp United vessel
Popular passages
Page 125 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Page 31 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Page 401 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Page 302 - Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this Act.
Page 433 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the architects, the Owner shall be at liberty, after three days...
Page 220 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 548 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Page 443 - It shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court...
Page 725 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Page 508 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...