Reports of Cases Decided in the Circuit and District Courts of the United States for the Ninth Circuit, Volume 2A.L. Bancroft, 1875 - District courts |
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Page ix
... questions of law as they arose in the trial of a cause at nisi prius , he was in his element , and always excelled . Fertile in forcible propositions , full of seductive analogies and apt and ready in question and retort , he often won ...
... questions of law as they arose in the trial of a cause at nisi prius , he was in his element , and always excelled . Fertile in forcible propositions , full of seductive analogies and apt and ready in question and retort , he often won ...
Page 39
... question : Article of war 88 provides that " No person shall be liable to be tried and punished by a general court - martial for any offense which shall ap- pear to have been committed more than two years before the issuing of the order ...
... question : Article of war 88 provides that " No person shall be liable to be tried and punished by a general court - martial for any offense which shall ap- pear to have been committed more than two years before the issuing of the order ...
Page 40
... question says : " It is true that a seaman is not bound to do service after the term of his enlistment . But within that term he is bound to observe the rules and regulations provided for the government of the navy , and is punishable ...
... question says : " It is true that a seaman is not bound to do service after the term of his enlistment . But within that term he is bound to observe the rules and regulations provided for the government of the navy , and is punishable ...
Page 41
... question is concerned , as if they had never taken place . It is also true that the highest military au- thority has directed that the petitioner be turned over to the proper civil authority for trial , upon the charge of murder ; but ...
... question is concerned , as if they had never taken place . It is also true that the highest military au- thority has directed that the petitioner be turned over to the proper civil authority for trial , upon the charge of murder ; but ...
Page 44
... question arising upon the objections , and argued by counsel , is whether the change of property in the lot and building , consequent upon the adjudication in bankruptcy prevented the creditors U. & W. from thereafter filing their ...
... question arising upon the objections , and argued by counsel , is whether the change of property in the lot and building , consequent upon the adjudication in bankruptcy prevented the creditors U. & W. from thereafter filing their ...
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Common terms and phrases
act of congress action adverse possession aforesaid alleged appear assignee Astoria attorney authority bankrupt act bankruptcy bill bill of lading California charge CIRCUIT COURT Circuit Judge claim Coffin and Chapman commencement complainant contract conveyance counsel Court-Deady Court-Hoffman Court-Sawyer creditors Daniel H DEADY debt debtor decree deed defendant DISTRICT COURT District Judge DISTRICT OF OREGON donation act duty entitled evidence filed fraud Freanor grant Haynes held Indian intended interest judgment jurisdiction jury Kotzebue Sound land liable libellant lien lots Lownsdale March matter ment mortgage Opinion owner paid parties patent payment person petitioner plaintiff Portland possession premises proceedings proprietor purchase pursuance question reason respondent rule San Francisco SAWYER schooner scow seamen September 27 ship sold Stark Stat statute statute of frauds suit supreme court territory testimony thereof tide lands tion trade-mark United usurious vessel void
Popular passages
Page 600 - 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 123 - It is agreed that any country that may be claimed by either party on the northwest coast of America, westward of the Stony Mountains, shall, together with its harbors, bays, and creeks, and the navigation of all rivers within the same, be free and open for the term of ten years from the date of the signature of the present convention, to the vessels, citizens, and subjects of the two Powers...
Page 668 - King's counsel, your fellows, and "your own, you shall keep secret: You shall present no man "for envy, hatred, or malice ; neither shall you leave any man "unpresented for fear, favour, or affection, or hope of reward ; "but you shall present all things truly as they come to your "knowledge, according to the best of your understanding : So "help you GOD.
Page 317 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Page 129 - In 1870 the fifteenth amendment, completing the group, declared that the right of citizens of the United States to vote shall not be denied or abridged on account of race, color, or previous condition of servitude.
Page 208 - Every sale made by a vendor, of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by an immediate delivery and be followed by an actual and continued change of possession...
Page 438 - Precedent are such as must happen or be performed before the estate can vest or be enlarged : subsequent are such, by the failure or non-performance of which an estate already vested may be defeated.
Page 403 - There are under the Constitution three kinds of military jurisdiction: one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents...
Page 295 - This, no doubt, is in general a sufficiently accurate test; for a right to participate in the profits affords cogent, often conclusive evidence that the trade in which the profits have been made, was carried on in part for or on behalf of the person setting up such a claim. But the real ground of the liability is, that the trade has been carried on by persons acting on his behalf.
Page 457 - All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.