Cases Argued and Determined in the Circuit Courts of the United States for the Fifth Judicial Circuit, Volume 2Callaghan, 1876 - Law reports, digests, etc |
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Results 1-5 of 89
Page 1
... suit cannot be maintained in the federal courts . If they do appear as defendants and are citizens of the same state with the complainants , the court is ousted of jurisdiction . 3. Semble , that a suit against partners may be brought ...
... suit cannot be maintained in the federal courts . If they do appear as defendants and are citizens of the same state with the complainants , the court is ousted of jurisdiction . 3. Semble , that a suit against partners may be brought ...
Page 6
... suit , the other partners similarly interested might maintain similar suits in other courts , for the recovery of the same demand . The excuse given , that to make the others parties would oust the court of jurisdiction , is not ...
... suit , the other partners similarly interested might maintain similar suits in other courts , for the recovery of the same demand . The excuse given , that to make the others parties would oust the court of jurisdiction , is not ...
Page 7
... suit brought against partners . In that case , as all are jointly liable in solido , or , according to the civil law , each is liable only for his virile share , a suit could probably be sustained against some of the partners , though ...
... suit brought against partners . In that case , as all are jointly liable in solido , or , according to the civil law , each is liable only for his virile share , a suit could probably be sustained against some of the partners , though ...
Page 18
... suit at law or in equity commenced or prose- cuted against one of the United States by citizens of another state , or subjects of any foreign state , " the purpose is clear to exempt states from suits upon their contracts , either at ...
... suit at law or in equity commenced or prose- cuted against one of the United States by citizens of another state , or subjects of any foreign state , " the purpose is clear to exempt states from suits upon their contracts , either at ...
Page 23
... suit against the state . The officers of the state , including the chief executive , are sued in their official capacity to compel them to execute the laws of the state . It is a suit to enforce a contract of the state to pay money ...
... suit against the state . The officers of the state , including the chief executive , are sued in their official capacity to compel them to execute the laws of the state . It is a suit to enforce a contract of the state to pay money ...
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Common terms and phrases
Air Line Railway Alabama & Chattanooga alleged amount applied appointed assignee Atlanta & Richmond authority averred bank bankruptcy bill bondholders bonds Brownsville cause cent certificates Chattanooga Railroad Company circuit court Circuit Judge Circuit Justice claim common law complainant contract corporation court of equity creditors Crescent City debt declared decree deed of trust defendant demurrer district court duty entitled equity evidence execution fact filed fund Gallier Galveston Georgia held holders indorsement injunction interest issued Jacob Barker judgment jurisdiction jury Ketchum Lee County legislature Lehman Brothers levy liable libel lien loan Louisiana ment Messrs Mobile mortgage officers Orleans paid parties payable payment Pensacola person petition plaintiff possession proceedings purpose question Railroad Co receiver Richmond Air Line road secured service of process statute suit supreme court Tallapoosa County Texas thereof tion United void Wall writ
Popular passages
Page 124 - 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 345 - THAT whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Page 173 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Page 343 - States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property ; and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute ordinance, regulation, or custom, to the contrary notwithstanding.
Page 19 - Bonds," and the faith and credit of this state are hereby pledged for the payment of the interest and the redemption of the principal thereof.
Page 438 - But no person shall be arrested in one district for trial in another, in any civil action before a Circuit or District Court. 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 341 - That all persons within the jurisdiction of the United States shall have the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and none other, any law, statute, ordinance, regulation or...
Page 116 - States, he or they may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof...
Page 427 - Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Page 580 - When a creditor has a mortgage or pledge of real or personal property of the bankrupt, or a lien thereon for securing the payment of a debt owing to him from the bankrupt, he shall be admitted as a creditor only for the balance of the debt after deducting the value of such property, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the court shall direct...