Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the United StatesBenjamin Robbins Curtis, George Ticknor Curtis |
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Page
... called for . The Lectures , being addressed to a body of students just beginning their inquiries into the Jurisdiction , Practice , and Jurisprudence of the Federal Courts , are , of course , somewhat elementary . But it is believed ...
... called for . The Lectures , being addressed to a body of students just beginning their inquiries into the Jurisdiction , Practice , and Jurisprudence of the Federal Courts , are , of course , somewhat elementary . But it is believed ...
Page 23
... called " the original docket , " and these cases are kept distinct from the cases which come there by appeal or writ of error . This origi- nal docket is a thing by itself , and all proceedings in these cases on the original docket are ...
... called " the original docket , " and these cases are kept distinct from the cases which come there by appeal or writ of error . This origi- nal docket is a thing by itself , and all proceedings in these cases on the original docket are ...
Page 39
... called , that is , by the natural and necessary meaning of what they read , that there was such a question raised , and that it was decided , and how it was decided . That subject was a great deal dis- cussed in the case of Furman v ...
... called , that is , by the natural and necessary meaning of what they read , that there was such a question raised , and that it was decided , and how it was decided . That subject was a great deal dis- cussed in the case of Furman v ...
Page 48
... called , that is , to stay the execution of judgment , then it is neces- sary to give a bond , and the bond must give ade- quate security for the performance of that judgment in case it should be affirmed by the Supreme Court of the ...
... called , that is , to stay the execution of judgment , then it is neces- sary to give a bond , and the bond must give ade- quate security for the performance of that judgment in case it should be affirmed by the Supreme Court of the ...
Page 60
... called , passed Sept. 24 , 1789 , § 22 , found in 1 Statutes at Large , 84. The language of that part of the section which refers to the Circuit Courts , the first part having reference to writs of error from the Circuit Court to the ...
... called , passed Sept. 24 , 1789 , § 22 , found in 1 Statutes at Large , 84. The language of that part of the section which refers to the Circuit Courts , the first part having reference to writs of error from the Circuit Court to the ...
Common terms and phrases
act of Congress admiralty jurisdiction admiralty law affecting ambassadors Amicus Curiæ amount in controversy appeal appellate jurisdiction appellate power apply arising ask your attention authority Bank bond Cambuston Circuit Court citizen of Massachusetts civil claimed clause common law confer Constitution contract corporation court of equity criminal cuit Courts decided defendant diction District Court drawn in question eleventh section equity law exercised final judgment Georgia grant gress habeas corpus held highest court Howard injunction Insurance Company Judge Curtis judgment or decree judicial power Judiciary Act juris jurisdic jurisprudence lecture Lottawanna maritime Massachusetts matter in dispute mode necessary original jurisdiction Otto party patent plaintiff practice preme Court proceedings provision Railroad Company record reference regulated Revised Statutes rules of decision settled Statutes at Large subject-matter sum or value Supreme Court thousand dollars tion treaty trial twenty-fifth section United vessel Wallace Wheaton writ of error
Popular passages
Page 8 - That a final judgment or decree in any suit, in the highest court of law or equity of a 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...
Page 10 - 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...
Page 199 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 171 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 9 - 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...
Page 84 - States are plaintiffs, or petitioners; or an alien is a party ; or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 218 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 146 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 116 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 181 - And the sound and true rule is, that if the contract when made was valid by the laws of the state, as then expounded by all the departments of its government, and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent act of the legislature of the state or decision of its courts altering the construction of the law.