Reports of Cases Decided in the Circuit and District Courts of the United States for the Ninth Circuit, Volume 8A.L. Bancroft, 1883 - District courts |
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Results 1-5 of 81
Page 6
... fact that it was eminently true of the Union forces in that State , that ' they also serve who only stand and wait . ' For the wild scheme of secession which was ripe , when its fruition was suddenly blasted by the quick and energetic ...
... fact that it was eminently true of the Union forces in that State , that ' they also serve who only stand and wait . ' For the wild scheme of secession which was ripe , when its fruition was suddenly blasted by the quick and energetic ...
Page 29
... FACT . - It is in the discretion of the court to submit to or withhold from the jury a particular question of fact . 5. FINDING THEREON - EFFECT OF . - The court being of the impression that upon the written contract of bailment and the ...
... FACT . - It is in the discretion of the court to submit to or withhold from the jury a particular question of fact . 5. FINDING THEREON - EFFECT OF . - The court being of the impression that upon the written contract of bailment and the ...
Page 39
... fact . " And this special finding shall control any general one with which it is inconsistent . ( Id . , sec . 213. ) The submission of particular questions of fact to the jury is a matter wholly within the discretion of the court ...
... fact . " And this special finding shall control any general one with which it is inconsistent . ( Id . , sec . 213. ) The submission of particular questions of fact to the jury is a matter wholly within the discretion of the court ...
Page 49
... fact of the considerable lapse of time between the two stat- utes was a circumstance that favored that conclusion . Here , there is no such reason for inferring an intent to change . the law . On the contrary , the fact that the acts ...
... fact of the considerable lapse of time between the two stat- utes was a circumstance that favored that conclusion . Here , there is no such reason for inferring an intent to change . the law . On the contrary , the fact that the acts ...
Page 51
... facts constituting the fraud were not discovered till within three years . 8. KNOWLEDGE OF FRAUD . - The means of knowledge of fraud are equivalent to actual knowledge . 9. JURISDICTION . - Where alienage is the jurisdictional fact ...
... facts constituting the fraud were not discovered till within three years . 8. KNOWLEDGE OF FRAUD . - The means of knowledge of fraud are equivalent to actual knowledge . 9. JURISDICTION . - Where alienage is the jurisdictional fact ...
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Common terms and phrases
acres action aforesaid alleged amendment assessment Astoria authority bill California Central Pacific Railroad charter-party CIRCUIT COURT Circuit Judge cited claim claimant complainant congress constitution constitution of California contract conveyance conveyed corporation counsel court of equity Court-Deady Court-Hoffman Court-Sawyer damages DEADY debts decree deed defendant demurrer Donation act effect entitled equity evidence execution fact filed fourteenth amendment grant held homestead hundred injury interest issued Jesse Applegate judgment jurisdiction jury Justice Field legislature liable Lownsdale matter ment mortgage officers Opinion Oregon owner parties passengers patent payment person pilot pilotage plaintiff port Port Orford possession pounds sterling premises proceeding public lands purchase purpose question railroad real property recover reservation road rule SAWYER schooner Southern Pacific Railroad Stat steamer stockholders suit supra supreme court taxation therein thereof Tichenor timber tion treaty trust United vessel void wife
Popular passages
Page 328 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Page 298 - A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the property affected thereby.
Page 309 - The franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county...
Page 249 - If the States may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail ; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent...
Page 26 - No act shall ever be revised or amended by mere reference to its title ; but the act revised, or section amended, shall be set forth and published at full length.
Page 382 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 524 - ... quit and surrender the premises hereby demised in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted...
Page 103 - An Act for the Sale of Timber Lands in the States of California, Oregon, Nevada, and in Washington Territory.
Page 304 - The Constitution and laws of the United States are the supreme law of the land, and to these every citizen of every State owes obedience, whether in his individual or official capacity.
Page 371 - Our Constitution declares a treaty to be the law of the land. It is [consequently to be regarded in courts of justice as equivalent to an Act of the Legislature, whenever it operates of itself without the aid of any legislative provision.