The Southern Law Review, Volume 3Soule, Thomas & Wentworth, 1877 - Law |
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Page 8
... constitution of the United States , and the laws passed by Congress in accord- ance therewith , as the federal courts , and are as little liable to err in the judicial construction of these laws as the inferior courts of the United ...
... constitution of the United States , and the laws passed by Congress in accord- ance therewith , as the federal courts , and are as little liable to err in the judicial construction of these laws as the inferior courts of the United ...
Page 10
... constitution of the United States , by Art . III , § 2 , pro- vides that the judicial power of the general government shall extend to " controversies between citizens of different states . " But it has been uniformly held by the Supreme ...
... constitution of the United States , by Art . III , § 2 , pro- vides that the judicial power of the general government shall extend to " controversies between citizens of different states . " But it has been uniformly held by the Supreme ...
Page 13
... constitution . The first paragraph , if we lay no stress upon the use of the words " suit " and " controversy , " is , in substance , the twelfth section of the judiciary act of 1789 , only extending the privilege of removal to both the ...
... constitution . The first paragraph , if we lay no stress upon the use of the words " suit " and " controversy , " is , in substance , the twelfth section of the judiciary act of 1789 , only extending the privilege of removal to both the ...
Page 14
... constitution , over the subject - matter and the parties . The argument has been made by some of the learned cir- cuit and district judges that the act of 1875 provides that when in any suit there is a controversy between citizens of ...
... constitution , over the subject - matter and the parties . The argument has been made by some of the learned cir- cuit and district judges that the act of 1875 provides that when in any suit there is a controversy between citizens of ...
Page 15
... constitutional author- ity , without , the clearest and most unequivocal declaration of intention to that effect ... constitution of the United States is that the judicial powers shall extend to " controversies be- tween citizens of ...
... constitutional author- ity , without , the clearest and most unequivocal declaration of intention to that effect ... constitution of the United States is that the judicial powers shall extend to " controversies be- tween citizens of ...
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Popular passages
Page 431 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 306 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 325 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in the use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 350 - ... the faith of the United States is solemnly pledged to the payment in coin or its equivalent of all the obligations of the United States...
Page 201 - An Act for the further security of His Majesty's person and Government, and the succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors...
Page 637 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 6 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Page 12 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 972 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 130 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.