A Treatise on the Organization and Jurisdiction of the Supreme, Circuit and District Courts of the United States: The Practice of These Several Courts in Civil and Criminal Cases; of the Supreme and Circuit Courts on Writ of Error and Certificate of Division of Opinion; and of the District Courts in Cases of Municipal Seizure; Including a Summary Exposition of the Law Relative to the Priority of the United States; Imprisoned Debtors; the Remission of Penalties and Forfeitures; and Naturalization |
From inside the book
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Page 29
... terms in this section of the judicial act and it was held by a majority of the court that it was . was applicable to those ... term " final " PART 1. of this court . A prohibition might issue APPELLATE JURISDICTION OF THE SUPREme Court . 29.
... terms in this section of the judicial act and it was held by a majority of the court that it was . was applicable to those ... term " final " PART 1. of this court . A prohibition might issue APPELLATE JURISDICTION OF THE SUPREme Court . 29.
Page 87
... term appeals and writs of error from the district court , questions of law arising upon statements of fact agreed ... terms of such circuit , whenever , in his opinion , the public interest or special exigencies shall require it . " It ...
... term appeals and writs of error from the district court , questions of law arising upon statements of fact agreed ... terms of such circuit , whenever , in his opinion , the public interest or special exigencies shall require it . " It ...
Page 104
... term by judge or mar- shal . In the absence of both judges , marshal may ad- journ on written order . By an act passed , May 19 , 1794 , it is provided , " That a circuit court in any district , when it shall happen that no justice of ...
... term by judge or mar- shal . In the absence of both judges , marshal may ad- journ on written order . By an act passed , May 19 , 1794 , it is provided , " That a circuit court in any district , when it shall happen that no justice of ...
Page 105
... term on account of the non- attendance of the justice of the supreme court , is also in like manner , superseded . But whether the authority given to the marshal by that act is taken away , is a question which may admit of doubt . It ...
... term on account of the non- attendance of the justice of the supreme court , is also in like manner , superseded . But whether the authority given to the marshal by that act is taken away , is a question which may admit of doubt . It ...
Page 156
... terms to in- tervene between the time of entering his appearance in the state court , and the filing of his petition for ... term of the de- fendant's appearance . A suit im- properly removed should be remanded by the cir- cuit court ...
... terms to in- tervene between the time of entering his appearance in the state court , and the filing of his petition for ... term of the de- fendant's appearance . A suit im- properly removed should be remanded by the cir- cuit court ...
Contents
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Common terms and phrases
act of congress act of March action admiralty affidavit aforesaid allowed amend answer appear application appointed arrest authority bail bill bond brought cause certificate CHAP circuit court citizen claim claimant clerk clerk's office cognizance collector common law constitution copy costs courts of equity Cranch decision declared decree deemed demurrer district attorney district court docket dollars duty enacted entitled equity execution exercise February 26 fees filed forfeiture granted habeas corpus held Howard indictment issue judgment judicial act jurors jury Large libel maritime marshal ment Monday motion national courts northern district notice oath offense opinion party penalty person Peters petition plaintiff plaintiff in error plea pleadings practice prescribed prisoner proceedings proper prosecution question record regulations respect rule day seizure Stat statute subpoena suit supreme court term therein thereof tion trial United unless vessel warrant Wheat witnesses writ of error York
Popular passages
Page 46 - 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 17 - 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 118 - 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 695 - ... that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly by name the prince, potentate, state or sovereignty, of which the alien may be at the time a citizen or subject.
Page 360 - Judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 104 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 220 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made on waters which are navigable from the sea by vessels of ten or more tons burden, within their respective districts, as well as upon the high seas...
Page 77 - And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party.
Page 434 - ... it shall then be the duty of the state court to accept the surety, and proceed no further in the cause...
Page 577 - When there are several charges against any person for the same act or transaction, or for two or more acts or transactions connected together, or for two or more acts or transactions of the same class of crimes or offenses, which may be properly joined...