 | United States. Supreme Court - Law reports, digests, etc - 1870 - 852 pages
...the mode provided for its institution in that court. " The transfer, it is true," said the court, " is called an appeal. We must not, however, be misled...mere re-examination of the case as heard and decided by the board of commissioners, but hears the case de novo upon the papers and testimony which had been... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 788 pages
...being but a mode of providing for the institution of the suit in that court. The transfer, it is true, is called an appeal; we must not, however, be misled...mere reexamination of the case as heard and decided by the board of commissioners, but hears the case de novo, upon the papers and testimony which had... | |
 | United States. Supreme Court - Courts - 1870 - 840 pages
...the mode provided for its institution in that court. " The transfer, it is true," said the court, " is called an appeal. "We must not, however, be misled...not confined to a mere re-examination of the case as beard and decided by the board of commissioners, but hears the case de novo upon the papers and testimony... | |
 | California - Civil procedure - 1872 - 892 pages
...of the suit in that Court. The transfer, it is true, is called an appeal; we must not, however, bo misled by a name, but look to the substance and intent...mere reexamination of the case, as heard and decided by the Board of Commissioners, but hears the case dc novo, upon the papers and testimony which had... | |
 | California - Civil procedure - 1874 - 870 pages
...providing for the institution of the suit in that Court. The transfer, it is true, is called an appeal ; wo must not, however, be misled by a name, but look to...mere reexamination of the case, as heard and decided by the Board of Commissioners, but hears the case dc novo, upon the papers and testimony which had... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1878 - 772 pages
...being a mode of providing for the institution of the suit in that court. The transfer, it is true, is called an appeal; we must not, however, be misled...mere re-examination of the case, as heard and decided by the board of commissioners, but hears the case de novo upon the papers and testimony which had been... | |
 | Chauncey F. Black, Samuel B. Smith - Constitutional history - 1881 - 556 pages
...being but a mode of providing for the institution of the suit in that Court. The transfer, it is true, is called an appeal ; we must not, however, be misled...mere re-examination of the case as heard and decided by the Board of Commissioners, but hears the case de novo, upon the papers and testimony which had... | |
 | United States. Supreme Court - Law reports, digests, etc - 1884 - 1108 pages
...it from the eing providing for the institution of the suit in that court. The transfer, it is true, is called an appeal ; we must not, however, be misled...proceeding. The District Court is not confined to a mere re examination of the case as heard and decided by the Board of Commissioners, but hears the case de... | |
 | United States. Interstate Commerce Commission - Interstate commerce - 1892 - 430 pages
...somewhat singular that it should have been declared by the same judge in the same opinion that This court is not confined to a mere reexamination of the case as heard and determined by the Commission, but hears and determines the cause de novo upon proper pleadings and... | |
 | United States. Interstate Commerce Commission - Interstate commerce - 1892 - 428 pages
...somewhat singular that it should have been declared by the same judge in the same opinion that This court is not confined to a mere reexamination of the case as heard and determined by the Commission, but hears and determines the cause de novo upon proper pleadings and... | |
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The transfer, it is true, is called an appeal ; we must not, however, be misled by a name, but look to the substance and intent of the proceeding. The district court is not confined to a mere re-examination of the case as heard and decided by the board... 
