The Federal Reporter, Volume 126West Publishing Company, 1904 - Law reports, digests, etc Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia. |
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Page 68
... damages only , and , if relied on as a defense to the action , must be specially pleaded , such plea being in the nature of confession and avoidance ; hence an er- ror in sustaining a demurrer to a special plea setting up such defense ...
... damages only , and , if relied on as a defense to the action , must be specially pleaded , such plea being in the nature of confession and avoidance ; hence an er- ror in sustaining a demurrer to a special plea setting up such defense ...
Page 69
... damage of the plaintiffs one hundred and fifty thousand dollars , for which they sue . " ( 2 ) Plaintiffs claim of the defendant one hundred and fifty thousand dol- lars damages for that heretofore , to wit , prior to the 1st day of ...
... damage of the plaintiffs one hundred and fifty thousand dollars , for which they sue . " ( 2 ) Plaintiffs claim of the defendant one hundred and fifty thousand dol- lars damages for that heretofore , to wit , prior to the 1st day of ...
Page 70
... damages arising from his said breach of contract . " The plaintiffs demurred to pleas 2 and 3 , and alleged as grounds of demur- rer : ( 1 ) That the contract did not authorize the defendant to forcibly take possession of and use the ...
... damages arising from his said breach of contract . " The plaintiffs demurred to pleas 2 and 3 , and alleged as grounds of demur- rer : ( 1 ) That the contract did not authorize the defendant to forcibly take possession of and use the ...
Page 71
... damages . Wo- mack v . Bird , 51 Ala . 504 , 63 Ala . 500. But according to more re- cent decisions , if a defendant acted under a supposed , though invalid , authority , this fact may be proved for the purpose of mitigating or ...
... damages . Wo- mack v . Bird , 51 Ala . 504 , 63 Ala . 500. But according to more re- cent decisions , if a defendant acted under a supposed , though invalid , authority , this fact may be proved for the purpose of mitigating or ...
Page 72
... damages for wrongfully taking the following goods and chattels , the property of the plaintiff , " describing them ; and the form for the action for the conversion of chattels is a claim for " damages for the conversion by the defendant ...
... damages for wrongfully taking the following goods and chattels , the property of the plaintiff , " describing them ; and the form for the action for the conversion of chattels is a claim for " damages for the conversion by the defendant ...
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Common terms and phrases
30 Stat action alleged amount answer appellee application Augustus Heinze authority averment bank bankruptcy bill bonds boom cause charge Circuit Court Circuit Judge claim complainant Congress Constitution contract contributory negligence corporation counsel Court of Appeals court of equity creditors damages decision decree demurrer District Court District Judge duty employé entitled equity evidence execution fact filed granted habeas corpus Heinze held indictment infringement injury interest issued James Larkin judgment jurisdiction jury Kearny County La Dow land letters patent liable machine matter ment mortgage negligence Ohio operation opinion owner paid parties patent payment petition petitioner plaintiff in error pleadings possession proceedings purpose question Railroad Co railroad company reason received recover rule servant statute suit Supreme Court testimony therein thereof tion trial trust U. S. Comp United warrants writ