Reports of Cases Decided in the Circuit and District Courts of the United States for the Ninth Circuit, Volume 12A.L. Bancroft, 1888 |
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Page 17
... Held , ( 1 ) The property of the wife was not discharged from liability for the remainder of the debt by such release , unless she was pecuniarily injured thereby ; ( 2 ) A provision in such mortgage that in case of default in the ...
... Held , ( 1 ) The property of the wife was not discharged from liability for the remainder of the debt by such release , unless she was pecuniarily injured thereby ; ( 2 ) A provision in such mortgage that in case of default in the ...
Page 29
... held that the fact of part payment on a note is made the test by this section for ascertaining whether an action thereon is barred , and if not barred the same may be maintained on the original promise ; and that any person who could he ...
... held that the fact of part payment on a note is made the test by this section for ascertaining whether an action thereon is barred , and if not barred the same may be maintained on the original promise ; and that any person who could he ...
Page 30
... held that a part payment by the maker of a note after the statute had run , revived it against himself and his surety , as well . The language of the statute is : " Whenever any payment of principal or interest has been or shall be made ...
... held that a part payment by the maker of a note after the statute had run , revived it against himself and his surety , as well . The language of the statute is : " Whenever any payment of principal or interest has been or shall be made ...
Page 51
... held not to be necessary to set it up in the pleadings , and , as to that defense , it is said : " Sometimes the analogy of the statute of limitations is applied , " thus recognizing the distinction between the defenses ; the statute ...
... held not to be necessary to set it up in the pleadings , and , as to that defense , it is said : " Sometimes the analogy of the statute of limitations is applied , " thus recognizing the distinction between the defenses ; the statute ...
Page 66
... held in this court that it is unnecessary for a plaintiff corporation to allege a compliance with this law in the first place . Such compliance will be presumed , and if a defendant wishes to avail himself of any omission or defect in ...
... held in this court that it is unnecessary for a plaintiff corporation to allege a compliance with this law in the first place . Such compliance will be presumed , and if a defendant wishes to avail himself of any omission or defect in ...
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action affidavit alleged Alvarado answer appears application attorney August authority Ben Holladay bill boat California Castro Central Pacific Railroad cents charge CIRCUIT COURT Circuit Judge claim commissioners constitution construction contract corporation Court-Deady Court-Hoffman Court-Mr Court-Sawyer courts of equity creditor DEADY debt decree deed defendant defraud demurrer District Judge effect entitled equity evidence executed fact February 13 filed fraud fraudulent grant held hundred indictment interest judgment judicial jurisdiction jury Justice Field land office legal title libelant lien matter ment mortgage offense Opinion opium Oregon owner Pacific Railroad Company parties patent payment perjury person petitioner pilot pilotage plaintiff port Portland possession proceedings public lands purchase purpose question Railway revised statutes road San Francisco Sawy SAWYER secretary ship Southern Pacific Railroad statute of limitations suit supreme court taxes testimony thereof thereto thousand dollars tion United vessel
Popular passages
Page 443 - That it shall be unlawful for any common carrier subject to the provisions of this act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 338 - Provided, however, that the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage or handling of property, wholly within one state, and not shipped to or from a foreign country from or to any state or territory as aforesaid.
Page 442 - That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment...
Page 654 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Page 499 - State, may remove such suit into the Circuit Court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said Circuit Court that from prejudice or local influence he will not be able to obtain justice in such State Court...
Page 31 - ... nor shall any circuit or district court have cognizance of any suit to recover the contents of any promissory note or other chose in action in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 570 - They reach farther than the concrete form of the case then before the court, with its adventitious circumstances; they apply to all invasions on the part of the government and its employes of the sanctity of a man's home and the privacies of life.
Page 681 - No court shall be secret ; but justice shall be administered openly and without purchase, completely and without delay; and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.
Page 238 - ... to the effect that they are bound in the amount mentioned in the order of arrest ; that the defendant shall at all times render himself amenable to the process of the Court, during the pendency of the action, and to such as may be issued to enforce the judgment therein...
Page 601 - States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road...