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 |
From inside the book
Results 1-5 of 83
Page 11
... examine which is ex- pressly given by law [ act of Congress ] . " On examining the act concerning the District of Columbia , ' the court is of opinion that the appellate jurisdiction granted by that act is confined to civil cases ...
... examine which is ex- pressly given by law [ act of Congress ] . " On examining the act concerning the District of Columbia , ' the court is of opinion that the appellate jurisdiction granted by that act is confined to civil cases ...
Page 23
... examination . Bills of exceptions in the Federal courts are required to be drawn as at common law , under the statute of Westminster 2 ( 13 Edw . I. c . 31 ) , passed in the year 1285 , and of course they must be taken during the trial ...
... examination . Bills of exceptions in the Federal courts are required to be drawn as at common law , under the statute of Westminster 2 ( 13 Edw . I. c . 31 ) , passed in the year 1285 , and of course they must be taken during the trial ...
Page 24
... by jury ; and the seventh amendment ordains that no fact tried by a jury shall be otherwise re - examined than according to the rules of the United States v . Plumer . common law . Parsons 24 MASSACHUSETTS DISTRICT .
... by jury ; and the seventh amendment ordains that no fact tried by a jury shall be otherwise re - examined than according to the rules of the United States v . Plumer . common law . Parsons 24 MASSACHUSETTS DISTRICT .
Page 26
... examine upon writ of error final judgments in civil actions rendered in a Cir- cuit Court , where the matter in ... examination . Viewed in the light of those regulations , as the case should be , the implica- tion is very strong that ...
... examine upon writ of error final judgments in civil actions rendered in a Cir- cuit Court , where the matter in ... examination . Viewed in the light of those regulations , as the case should be , the implica- tion is very strong that ...
Page 27
... examination of final judgments and decrees in civil actions and suits in equity , and in causes of admiralty and maritime jurisdiction , where the matter in dispute , exclusive of costs , exceeds the sum or value of $ 2,000 ; but no ...
... examination of final judgments and decrees in civil actions and suits in equity , and in causes of admiralty and maritime jurisdiction , where the matter in dispute , exclusive of costs , exceeds the sum or value of $ 2,000 ; but no ...
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Common terms and phrases
13 Stat accessary act of Congress admitted affreightment aforesaid alleged amount appears appellate application Archibald Mellen assignment assumpsit authority Bank Bankrupt Act bankruptcy bill of complaint bill of lading cargo cause charge charter-party charterers Circuit Court claim clause CLIFFORD common law complainant consignees Constitution contract corporation court of equity Cyrus Plumer decision decree defendant delivery described discharge District Court duty Elastic Fabric entitled equity evidence fact felony filed fraud granted held Ibid income indictment infringement Insurance invention inventor judge judgment jurisdiction jury letters-patent liable libellant malice aforethought master ment mortgage object opinion otherwise called Cyrus owners parties patent person petition plaintiff port principal proof proposition provision purchaser question received record recover repeal respondent rubber rule schooner ship statute Statute of Frauds steam-tug stevedore suit Supreme Court testimony therein tion trial trustee United unless verdict vessel witnesses writ of error
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...