Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit, Volume 18Derby and Miller, 1882 - 24 pages |
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Page iii
... DISTRICT JUDGES . WILLIAM G. CHOATE , SOUTHERN DISTRICT OF NEW YORK . WILLIAM J. WALLACE , NORTHERN DISTRICT OF NEW YORK . CHARLES L. BENEDICT , EASTERN DISTRICT OF NEW YORK . HOYT H. WHEELER , VERMONT . NATHANIEL SHIPMAN , CONNECTICUT ...
... DISTRICT JUDGES . WILLIAM G. CHOATE , SOUTHERN DISTRICT OF NEW YORK . WILLIAM J. WALLACE , NORTHERN DISTRICT OF NEW YORK . CHARLES L. BENEDICT , EASTERN DISTRICT OF NEW YORK . HOYT H. WHEELER , VERMONT . NATHANIEL SHIPMAN , CONNECTICUT ...
Page 38
... District of New York , April 18th , 1880. ) Pentlarge v . Beeston , BENEDICT , J. This case 38 EASTERN DISTRICT OF NEW YORK ,
... District of New York , April 18th , 1880. ) Pentlarge v . Beeston , BENEDICT , J. This case 38 EASTERN DISTRICT OF NEW YORK ,
Page 54
... District Court of the United States for the Eastern District of New York , against the barge John M. Welch , in a cause of wharfage and dock- age . It alleged that the libellants , being the lessees , and in possession of , a wharf or ...
... District Court of the United States for the Eastern District of New York , against the barge John M. Welch , in a cause of wharfage and dock- age . It alleged that the libellants , being the lessees , and in possession of , a wharf or ...
Page 56
... District Court from exercising jurisdiction of the suit . The application was founded on a petition which set forth the following matters : The John M. Welch is a vessel of about 209 tons carrying capacity . She is without sails or self ...
... District Court from exercising jurisdiction of the suit . The application was founded on a petition which set forth the following matters : The John M. Welch is a vessel of about 209 tons carrying capacity . She is without sails or self ...
Page 58
... District of New York , sitting as a Court of Admiralty , enforces a lien against canal boats or barges , in causes of wharfage , and in favor of wharf owners , under the provisions of the said law of the State of New York , on one or ...
... District of New York , sitting as a Court of Admiralty , enforces a lien against canal boats or barges , in causes of wharfage , and in favor of wharf owners , under the provisions of the said law of the State of New York , on one or ...
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Page 226 - That all the before-mentioned 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 410 - Act, but the repeal of existing laws or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before...
Page 288 - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a Judicial proceeding in this or any foreign country, shall be given In evidence, or in any manner used against him or his property or estate, in any court of the United States, In any criminal proceeding, or for the enforcement of any penalty or forfeiture: provided, that this section shall not exempt any party or witness from prosecution and punishment for perjury committed in discovering or testifying...
Page 30 - The police of a state, in a comprehensive sense, embraces its whole system of internal regulation, by which the state seeks not only to preserve the public order and to prevent offenses against the state, but also to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own, so far as is reasonably consistent with...
Page 535 - Every patent so reissued, together with the corrected specification, shall have the same effect and operation in law, on the trial of all actions for causes thereafter arising, as if the same had been originally filed in such corrected form...
Page 410 - The repeal of the several acts embraced in said revision, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made...
Page 483 - ... 24. Bank shares, how assessed. In assessing the shares of stock of banks or banking associations organized under the authority of this state or the United States, the assessment and taxation shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this state.
Page 197 - ... that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appropriation from the Treasury.
Page 456 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 455 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...