Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the United StatesBenjamin Robbins Curtis, George Ticknor Curtis |
From inside the book
Results 1-5 of 31
Page 21
... common law would afford a plain , adequate , and complete remedy , you are to file a bill in equity , as if you were ... law and equity ; and that the division between the two systems is just as sharp and clear when this original ...
... common law would afford a plain , adequate , and complete remedy , you are to file a bill in equity , as if you were ... law and equity ; and that the division between the two systems is just as sharp and clear when this original ...
Page 22
... common law or in equity shall issue against a State , the same shall be served on the Governor or chief executive magistrate and Attor- ney - General of such State . That is the mode in which service of the process must be made.1 1 ...
... common law or in equity shall issue against a State , the same shall be served on the Governor or chief executive magistrate and Attor- ney - General of such State . That is the mode in which service of the process must be made.1 1 ...
Page 32
... common law or equity law ; it · may be a proceeding under a State statute . Under a State statute , for instance , there may be a partic- ular mode of proceeding in order to try a right ; and a proceeding under such a statute , however ...
... common law or equity law ; it · may be a proceeding under a State statute . Under a State statute , for instance , there may be a partic- ular mode of proceeding in order to try a right ; and a proceeding under such a statute , however ...
Page 57
... common law , in criminal as well as civil cases , and it is exercised before as well as after judgment . But this is always deemed , in both cases , an exercise of appellate , and not of original jurisdiction . If , then , the right of ...
... common law , in criminal as well as civil cases , and it is exercised before as well as after judgment . But this is always deemed , in both cases , an exercise of appellate , and not of original jurisdiction . If , then , the right of ...
Page 76
... common law , that there must be a decree upon which some exe- cution can issue , before it is final . For instance , a hearing is had in admiralty in a collision case , where damages are demanded because one vessel has negli- gently ...
... common law , that there must be a decree upon which some exe- cution can issue , before it is final . For instance , a hearing is had in admiralty in a collision case , where damages are demanded because one vessel has negli- gently ...
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.