A Full and Arranged Digest of the Decisions in Common Law, Equity, and Admiralty, of the Courts of the United States: From the Oganization of the Government in 1789 to 1847, in the Supreme, Circuit, District and Admiralty Courts; Reported in Dallas, Cranch, Wheaton, Peters, and Howard's Supreme Court Reports; in Gallison, Mason, Paine, Peters, Washington, Wallace, Sumner, Story, Baldwin, Brockenbrough, and M'Lean's Circuit Court Reports; and in Bees, Ware, Peters, and Gilpin's District and Admiralty Reports, Volume 2Lewis & Blood, 1860 - Law reports, digests, etc |
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Page 23
... charge ; and that the speaker did accordingly issue such a warrant , reciting the said resolution and order , and commanding the sergeant - at - arms to take the plaintiff into custody , & c . , and delivered the said warrant to the ...
... charge ; and that the speaker did accordingly issue such a warrant , reciting the said resolution and order , and commanding the sergeant - at - arms to take the plaintiff into custody , & c . , and delivered the said warrant to the ...
Page 31
... charged in the same indict- ment , each has a right to a separate trial . United States v . Sharp et al . , Peters ' C. C. R. 118 . 13. An indictment which charges in the same count an offence made capital by one section of an act of ...
... charged in the same indict- ment , each has a right to a separate trial . United States v . Sharp et al . , Peters ' C. C. R. 118 . 13. An indictment which charges in the same count an offence made capital by one section of an act of ...
Page 33
... charge ; and if the verdict conform to any one of the counts , which in itself will support the verdict , it is sufficient . Ibid . 33 under the eighth section of the act of April 30 , | not been at any time president of the bank of ...
... charge ; and if the verdict conform to any one of the counts , which in itself will support the verdict , it is sufficient . Ibid . 33 under the eighth section of the act of April 30 , | not been at any time president of the bank of ...
Page 34
... charge in the indictment , can be rejected as surplusage . Ibid . 71. A variance between the indictment and the evidence is not material , provided the sub- stance of the matter be found . Ibid . 72. In case of a misnomer , a variance ...
... charge in the indictment , can be rejected as surplusage . Ibid . 71. A variance between the indictment and the evidence is not material , provided the sub- stance of the matter be found . Ibid . 72. In case of a misnomer , a variance ...
Page 40
... charged deed , the debtor recovers property in right of his in execution , on the day of arrest , a notice may wife , in ... charge the debtor therewith . " It has been argued that under this section , the defendant must remain in prison ...
... charged deed , the debtor recovers property in right of his in execution , on the day of arrest , a notice may wife , in ... charge the debtor therewith . " It has been argued that under this section , the defendant must remain in prison ...
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Common terms and phrases
act of congress action admiralty adverse possession apply assignment authority averment Bank barratry bill bond bottomry Brockenb capture cargo cause circuit court citizen claim common law Cond constitution contract court of equity Cranch creditor debt debtor declaration decree deed defendant discharge district court duties entitled entry evidence execution fact feme covert foreign fraud Gallis Gilpin's D. C. R. given grant held Ibid indictment insolvent insured interest issue judgment jurisdiction jury Kentucky Lessee liable lien loss M'Lean's C. C. R. mandamus Mason's C. C. R. master ment mortgage neutral notice owner partner party patent payment person Peters plaintiff plea pleaded port possession principle proceedings purchaser rule seamen ship statute of limitations sufficient suit Sumner's C. C. R. supreme court sureties survey tion treaty trial underwriters United unless validity vessel Virginia voyage wages warrant Wash Wheat writ of error
Popular passages
Page 43 - ... then this obligation to be void, or else to remain in full force and virtue.
Page 114 - This clause enables the Judicial Department to receive jurisdiction to the full extent of the Constitution, laws, and treaties of the United States, when any question respecting them shall assume such a form that the judicial power is capable of acting on it. That power is •capable of acting only when the subject is submitted to it by a party who asserts his rights in the form prescribed by law. It then becomes a case, and the Constitution declares that the judicial power shall extend to all cases...
Page 117 - 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 179 - It has also been observed that an act of Congress ought never to be construed to violate the law of nations, if any other possible construction remains, and consequently can never be construed to violate neutral rights, or to affect neutral commerce, further than is warranted by the law of nations as understood in this country.
Page 117 - States, and the decision is in favor of such their validity ; or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held 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 clause of the said Constitution, treaty, statute, or commission...
Page 181 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law ; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existVOL.
Page 123 - 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 102 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Page 127 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Page 306 - ... for a rule to show cause why a new trial should not be granted...