Reports of Cases Determined in the Circuit Court of the United States for the First Circuit, from April Term, 1858, to [May Term, 1878] ... by Hon. Nathan Clifford ... William Henry Clifford ... Reporter ...Little, Brown,, 1878 - Law reports, digests, etc |
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Page 7
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . Congress , if rightly interpreted , make no " exceptions " whatever to the appellate jurisdiction of the Supreme Court , as conferred by the ...
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . Congress , if rightly interpreted , make no " exceptions " whatever to the appellate jurisdiction of the Supreme Court , as conferred by the ...
Page 8
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . jurisdiction is just as clearly conferred by the Constitution as its original jurisdiction , as the clauses quoted from the Constitution ...
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . jurisdiction is just as clearly conferred by the Constitution as its original jurisdiction , as the clauses quoted from the Constitution ...
Page 10
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . Marshall , C. J. , delivered the opinion of the court as fol- lows : - " This is an indictment against the defendant for taking fees , under ...
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . Marshall , C. J. , delivered the opinion of the court as fol- lows : - " This is an indictment against the defendant for taking fees , under ...
Page 11
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . restrictive words are used . Yet it has never been supposed that a decision of a Circuit Court could be reviewed , unless the mat- ter in ...
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . restrictive words are used . Yet it has never been supposed that a decision of a Circuit Court could be reviewed , unless the mat- ter in ...
Page 15
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . one's life is at stake , would be an interpretation of law as ludi- crous and grotesque as it would be brutal and inhuman . It is a maxim of ...
United States. Circuit Court (1st Circuit), William Henry Clifford. United States v . Plumer . one's life is at stake , would be an interpretation of law as ludi- crous and grotesque as it would be brutal and inhuman . It is a maxim of ...
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Common terms and phrases
action admitted aforesaid agreed alleged allowed amount answer appears application assignment authority Bank bankrupt bankruptcy bill called cause charge charterers Circuit Court claim clear complainant Congress Constitution contained contract corporation decision decree defendant described discharge District Court duty effect entitled equity error et al evidence examined exceptions express fact filed give given granted held imported improvement income indictment Insurance invention inventor issue judge judgment jurisdiction jury Large liable libellant master means motion necessary object opinion original otherwise owners paid parties patent person plaintiff Plumer port possession present principal proceedings proof proper prove provision purchaser question reasonable received record recover referred respect respondent rule ship specification spirits Stat statute sufficient suit taken tion trial trustee United unless vessel witnesses writ
Popular passages
Page 346 - It is, we think, a sound principle, that, when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Page 61 - That all the beforementioned courts of the United 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 175 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 103 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Page 380 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Page 369 - ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall assess the same or cause the same to be assessed under its direction.
Page 378 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Page 441 - Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.
Page 386 - States the power to coin money, emit bills of credit, or make anything but gold and silver coin a tender in payment of debts.
Page 26 - That the circuit courts 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...