Cases Argued and Determined in the Circuit and District Courts of the United States, for the Seventh Judicial Circuit, Volume 4Callaghan, 1875 - District courts |
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Results 1-5 of 87
Page 28
... rule is , that if the exception is contained in the enacting clause , the pleading must negative it ; but that if it is superadded , by way of proviso , the party who would avail himself of it , must do so by a pleading setting up the ...
... rule is , that if the exception is contained in the enacting clause , the pleading must negative it ; but that if it is superadded , by way of proviso , the party who would avail himself of it , must do so by a pleading setting up the ...
Page 30
... rule , however , would not prevail , where the part supposed to produce the duplicity or misjoinder is mere surplusage . But that is not the case here . The first count in this indictment charges a mere conspiracy , which is only a ...
... rule , however , would not prevail , where the part supposed to produce the duplicity or misjoinder is mere surplusage . But that is not the case here . The first count in this indictment charges a mere conspiracy , which is only a ...
Page 33
... rule , is sufficient ; and we have applied this rule to the first count . But it is a rule seldom applicable to indictments for capital crimes ; and it is subject to many exceptions even in lower offenses . It is , indeed , often ...
... rule , is sufficient ; and we have applied this rule to the first count . But it is a rule seldom applicable to indictments for capital crimes ; and it is subject to many exceptions even in lower offenses . It is , indeed , often ...
Page 44
... rule that when a man grants a tract of land in the center of a larger tract owned by him , he also grants , by implication , a right of way into it , fully applies to the case in question ; and it strongly applies to the mortgage of ...
... rule that when a man grants a tract of land in the center of a larger tract owned by him , he also grants , by implication , a right of way into it , fully applies to the case in question ; and it strongly applies to the mortgage of ...
Page 55
... rule of law , that " a note has no binding effect until it is delivered . So , when indorsed by the payee . No matter when or where notes are signed ; they are made at the time and place , and by the act , of delivery accompanied by ...
... rule of law , that " a note has no binding effect until it is delivered . So , when indorsed by the payee . No matter when or where notes are signed ; they are made at the time and place , and by the act , of delivery accompanied by ...
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Common terms and phrases
act of Congress action adjudged admiralty alleged amount assignee assumpsit authority avers bankrupt Bankrupt Act Bankrupt Law bankruptcy bill boat bonds Cavender charges CIRCUIT COURT.-NORTHERN DISTRICT claim common law complainant contract corporation count court of equity creditors Crescent City debt declaration decree deed defendant delivered demurrer DISTRICT COURT.-DISTRICT DRUMMOND duty equity Evansville evidence execution facts filed forfeiture fraud held hundred dollars Illinois Indiana indictment indorser insolvent interest issue J.-This judgment jurisdiction jury land Lewellen liable libel lien maritime lien MCDONALD ment mortgage National Bank non est factum notice objection owner paid parties payment penalty person petition plaintiff plea pleading postal currency proceeding proper provides purchase question R. K. Dunkerson Railroad Company receiver record recover revenue rule Statutes at Large stockholders suit Supreme Court sustained thousand dollars tion U. S. Statutes Union Iron United valid vessel White Water Valley
Popular passages
Page 426 - Be it therefore enacted, 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...
Page 444 - ... provided by law in relation to the distribution of personal property left by persons dying intestate...
Page 91 - 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 326 - ... if any of said companies shall fail so to do, all the trustees of the company shall be jointly and severally liable for all the debts of the company, then existing, and for all that shall be contracted before such report shall be made.
Page 182 - That the Attorney-General, or any District Attorney of the United States in which said property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States ; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts.
Page 159 - ... 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' burthen, within their respective districts, as well as upon the high seas ; saving to suitors, in all cases, the right of a common law remedy, where the common law is.
Page 187 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Page 258 - ... on receiving such excess; or he may sell the property, subject to the claim of the creditor thereon, and in either case the assignee and creditor respectively shall execute all deeds and writings necessary or proper to consummate the transaction. If the property is not sold or released, and delivered up, the creditor shall not be allowed to prove any part of his debt.
Page 444 - ... 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 •hall have been caused under such circumstances as amount in law to felony.
Page 109 - ... any kind of property, rents, interest, dividends, or salaries, or from any profession, trade, employment, or vocation carried on in the United States or elsewhere, or from any other source whatever...