The American Law Times Reports, Volume 11874 - Law reports, digests, etc |
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Results 1-5 of 84
Page 1
This case comes before us on a certificate of division in opinion between the
circuit and district judges for the District of Minnesota . The statement of facts and
the questions certified are as follows :The complainant is the assignee in
bankruptcy ...
This case comes before us on a certificate of division in opinion between the
circuit and district judges for the District of Minnesota . The statement of facts and
the questions certified are as follows :The complainant is the assignee in
bankruptcy ...
Page 5
The argument is not without force , and has received the assent of a large
number of the district judges , to whom the administration of the bankrupt law is
more immediately confided . We are , nevertheless , not satisfied of its soundness
.
The argument is not without force , and has received the assent of a large
number of the district judges , to whom the administration of the bankrupt law is
more immediately confided . We are , nevertheless , not satisfied of its soundness
.
Page 24
Judge Campbell , delivering the opinion of the court , says : “ A common carrier
has in truth two distinct liabilities : the one for losses by accident or mistake ,
where he is liable as an insurer ; the other for losses by default or negligence ,
where ...
Judge Campbell , delivering the opinion of the court , says : “ A common carrier
has in truth two distinct liabilities : the one for losses by accident or mistake ,
where he is liable as an insurer ; the other for losses by default or negligence ,
where ...
Page 25
For my part , ” says the judge , I think not only gross negligence is not protected
by the terms of the contract , but what is termed ordinary negligence , or the
withholding of ordinary care , is not so protected . I think , notwithstanding the
contract ...
For my part , ” says the judge , I think not only gross negligence is not protected
by the terms of the contract , but what is termed ordinary negligence , or the
withholding of ordinary care , is not so protected . I think , notwithstanding the
contract ...
Page 26
Judge Smith , who concurred in the judgment below , having in the mean time
changed his views as to the materiality of the fact that the negligence stipulated
against was that of the servants of the . company , and not of the company itself .
Judge Smith , who concurred in the judgment below , having in the mean time
changed his views as to the materiality of the fact that the negligence stipulated
against was that of the servants of the . company , and not of the company itself .
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action agent alleged amount answer appear application assignment authority bank bankrupt bankruptcy bill bonds brought carrier cause charge circuit circumstances claim common complainant condition Constitution construction contract corporation court creditors debt debtor decision decree deed defendant delivered direct discharge district duty effect entered entitled equity error evidence execution existence express fact filed follows fraud give given granted ground held intended interest issued judge judgment jurisdiction jury Justice land liable limited loss March matter means necessary negligence notice opinion paid party passed patent payment person petition plaintiff present principle proceedings purchase question railroad reason received record removal rendered respect rule statute sufficient suit taken tion train trial United unless void
Popular passages
Page 272 - that the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 119 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 147 - Their judgment, however, shall not extend further than to removal from office and disqualification to hold or ,enjoy any place of honor, trust, or profit, under this Commonwealth: but the party, so convicted, shall be, nevertheless, liable to indictment, trial, judgment and punishment, according to the laws of the land.
Page 212 - No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges distinct from those of the community, than what arises from •the consideration of services rendered to the public...
Page 391 - That if a suit be commenced in any state court against an alien, or by a citizen of the state in which the suit is brought against a citizen of another state...
Page 158 - ... at the rate allowed by the laws of the State, Territory, or district where the bank is located, and no more, except that where by the laws of any State a different rate is limited for banks of issue organized under State laws, the rate so limited shall be allowed for associations organized or existing in any such State under this Title.
Page 145 - And no person shall ever be admitted to hold a seat in the Legislature, or any office of trust or importance under the government of this Commonwealth, who shall in the due course of law, have been convicted of bribery or corruption, in obtaining an election or appointment.
Page 209 - No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States...
Page 108 - That a discharge duly granted under this act shall, with the exceptions aforesaid, release the bankrupt from all debts, claims, liabilities, and demands which were or might have been proved against his estate in bankruptcy...
Page 109 - No creditor whose debt is provable shall be allowed to prosecute to final judgment any suit at law or in equity therefor against the bankrupt until the question of the debtor's discharge shall have been determined ; and any such suit or proceedings shall, upon the application of the bankrupt, be stayed to await the determination of the court in bankruptcy on the question of the discharge...