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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Results 1-5 of 82
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... Express Emery v . Canal National Bank 462 507 • England v . Thompson • Fearing v . Cheesman 271 92 Goodyear Dental Vulcanite Co. v . Gardiner Green et al . v . Collins 408 494 Hearn v . Equitable Safety Insurance Co. 328 v . New England ...
... Express Emery v . Canal National Bank 462 507 • England v . Thompson • Fearing v . Cheesman 271 92 Goodyear Dental Vulcanite Co. v . Gardiner Green et al . v . Collins 408 494 Hearn v . Equitable Safety Insurance Co. 328 v . New England ...
Page 20
... express that the defendant should be found guilty of the felony with which the Indictment charged him ; and he believed that in this opinion he would be supported by every good lawyer , that " the felony of which he was convicted ...
... express that the defendant should be found guilty of the felony with which the Indictment charged him ; and he believed that in this opinion he would be supported by every good lawyer , that " the felony of which he was convicted ...
Page 25
... express exception in an act of Congress . Separated from the closing sentence of the clause in question , the construction suggested might be correct ; but the whole clause must be read as it stands , and when so read it as clear that ...
... express exception in an act of Congress . Separated from the closing sentence of the clause in question , the construction suggested might be correct ; but the whole clause must be read as it stands , and when so read it as clear that ...
Page 74
... express words . Is it re- pealed by implication ? Repeals of statutes by implication are not favored , unless there is a positive repugnancy between the two acts . The question to be considered then is this : Is there so clear a ...
... express words . Is it re- pealed by implication ? Repeals of statutes by implication are not favored , unless there is a positive repugnancy between the two acts . The question to be considered then is this : Is there so clear a ...
Page 80
... express no opinion on that point . Undoubtedly the case shows that the person who purchased the goods expressed an intention to make the purchase , and ship the goods to the United States ; but the record contains the most plenary ...
... express no opinion on that point . Undoubtedly the case shows that the person who purchased the goods expressed an intention to make the purchase , and ship the goods to the United States ; but the record contains the most plenary ...
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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...