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 84
Page 11
... suit . " The writ of error , therefore , is to be dismissed , this court having no jurisdiction of the case . " United States v . Moore , 3 Cran . 159 . This argument of the court has two palpable fallacies , incon- sistent with each ...
... suit . " The writ of error , therefore , is to be dismissed , this court having no jurisdiction of the case . " United States v . Moore , 3 Cran . 159 . This argument of the court has two palpable fallacies , incon- sistent with each ...
Page 14
... suits , where the matter in dispute exceeds $ 2,000 , cannot legally be construed into " exceptions " prohibiting the ... suit where $ 2,000 are at stake , shall , by implication , be deemed a prohibition upon any appeal in a criminal ...
... suits , where the matter in dispute exceeds $ 2,000 , cannot legally be construed into " exceptions " prohibiting the ... suit where $ 2,000 are at stake , shall , by implication , be deemed a prohibition upon any appeal in a criminal ...
Page 26
... suits in equity where the matter in dispute , exclusive of costs , does not exceed the sum or value of $ 2,000 ; but ... suit is brought and a citizen of another State . 1 Stat . at Large , 78 . Unquestioned power is also conferred upon ...
... suits in equity where the matter in dispute , exclusive of costs , does not exceed the sum or value of $ 2,000 ; but ... suit is brought and a citizen of another State . 1 Stat . at Large , 78 . Unquestioned power is also conferred upon ...
Page 59
... suit , or died before verdict , or before interlocutory judgment . 2 Tidd's Prac . 1137 ; 1 Arch . Prac . 504 ; 2 Sellon . Prac . 363 . Errors of the description mentioned are usually corrected in the Federal courts on motion to amend ...
... suit , or died before verdict , or before interlocutory judgment . 2 Tidd's Prac . 1137 ; 1 Arch . Prac . 504 ; 2 Sellon . Prac . 363 . Errors of the description mentioned are usually corrected in the Federal courts on motion to amend ...
Page 88
... suit . The direction of the court is , that judgment be entered for the plaintiff , for $ 900 and costs . ARTHUR B. NICHOLS v . INHABITANTS OF BRUNSWICK . Both before and since the passage of the act of the 6th of February , 1863 ...
... suit . The direction of the court is , that judgment be entered for the plaintiff , for $ 900 and costs . ARTHUR B. NICHOLS v . INHABITANTS OF BRUNSWICK . Both before and since the passage of the act of the 6th of February , 1863 ...
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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...