The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Volumes 25-26West Publishing Company, 1886 |
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Results 1-5 of 78
Page 65
... JURISDICTION . Upon the facts and circumstances here disclosed , held , that the citizen plain- tiff in this case had collusively joined with the alien plaintiffs to prevent a re- moval , and that such device would not defeat the ...
... JURISDICTION . Upon the facts and circumstances here disclosed , held , that the citizen plain- tiff in this case had collusively joined with the alien plaintiffs to prevent a re- moval , and that such device would not defeat the ...
Page 209
... Jurisdiction . McKay & Camp , for plaintiff . Culberson & Culberson , for defendants . SABIN , J. This suit was filed January 3 , 1885 , the plaintiff and all the defendants being residents and citizens of the Eastern district of Texas ...
... Jurisdiction . McKay & Camp , for plaintiff . Culberson & Culberson , for defendants . SABIN , J. This suit was filed January 3 , 1885 , the plaintiff and all the defendants being residents and citizens of the Eastern district of Texas ...
Page 210
... jurisdiction of cases by or against national banks in all cases when state banks or banks organized under state laws could not likewise sue or be sued in the United States courts , and hence the jurisdiction herein must fail . If the ...
... jurisdiction of cases by or against national banks in all cases when state banks or banks organized under state laws could not likewise sue or be sued in the United States courts , and hence the jurisdiction herein must fail . If the ...
Page 216
... jurisdiction of the court , no court has power to render a judgment in personam which can be the subject of an ac- tion or the basis of an execution . To render a valid judgment , a court must obtain jurisdiction either of the person or ...
... jurisdiction of the court , no court has power to render a judgment in personam which can be the subject of an ac- tion or the basis of an execution . To render a valid judgment , a court must obtain jurisdiction either of the person or ...
Page 217
... Jurisdiction , though the publication may have been duly made and proven in court . " It was further said that the seizure of the prop- erty , or the levy of the writ of attachment upon it , is the one essen- tial requisite to jurisdiction ...
... Jurisdiction , though the publication may have been duly made and proven in court . " It was further said that the seizure of the prop- erty , or the levy of the writ of attachment upon it , is the one essen- tial requisite to jurisdiction ...
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Common terms and phrases
action agent alleged amount application Arica assignment authority bank belligerent bill bill of lading blockade bonds Callao cargo cause certificate Chancay charge charter-party Circuit Court claim claimant collision commissioner complainant consignees contract conveyance corporation coupons court of equity creditors damages debt decree deed defendant demurrer Dippold discharge district court duty entitled evidence execution fact filed fraud fraudulent Frostburg granted Gratz Brown held infringement injunction intent interest issued judgment jurisdiction jury land letters patent liable libelant lien matter ment Missouri mortgage motion N. W. Rep notes owner paid parties patent payment person petition piratical plaintiff Plumas Eureka port proceeding purchaser purpose question Railroad Company Ralston reason received reissue road rule ship Southwestern Company statute steam-ship steamer suit supreme court testimony thereof tion trust United valid vessel void witnesses York
Popular passages
Page 696 - ... 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 labouring 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 209 - In the presence of the court or so near thereto as to interfere directly with the administration of justice...
Page 265 - Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had there been committed...
Page 578 - Deceased, do make or cause to be made a true and perfect Inventory...
Page 615 - It is a finality as to the claim or demand in controversy, concluding parties and those in privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Page 616 - 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 583 - If at any time the locator of any mining claim heretofore or hereafter located, or his assigns, shall apprehend that his original certificate was defective, erroneous, or that the requirements of the law had not been complied...
Page 393 - In cases where they apply"; and also with section 914, providing that "the practice, pleadings and forms and modes of proceeding In civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time In like causes In the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 165 - A ministerial duty, the performance of which may, in proper cases, be required of the head of a department, by judicial process, is one in. respect to which nothing is left to discretion. It is a simple, definite duty, arising under conditions admitted or proved to exist, and imposed by law.
Page 135 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...