Reports of Cases Decided in the Circuit and District Courts of the United States for the Ninth Circuit, Volume 12A.L. Bancroft, 1888 |
From inside the book
Results 1-5 of 82
Page 14
... Matter of 559 Pengra v . Munz .. 231 Phelps , Bouldin v . 293 Poole , Southern Pacific Railroad Co. v . 538 Portland , Balfour v .. 122 Portland , Smith v ... 347 Q. Qung Wah Lung , Cahn v 92 R. Raymond v . Barque Ella S. Thayer .. 409 ...
... Matter of 559 Pengra v . Munz .. 231 Phelps , Bouldin v . 293 Poole , Southern Pacific Railroad Co. v . 538 Portland , Balfour v .. 122 Portland , Smith v ... 347 Q. Qung Wah Lung , Cahn v 92 R. Raymond v . Barque Ella S. Thayer .. 409 ...
Page 18
... MATTER IN AN ANSWER IN EQUITY . - New matter in an answer in equity , or an allegation not responsive to the bill , is not evidence , and the burden of proof is on the defendant to support it . 6. RESPONSES ON INFORMATION AND BELIEF ...
... MATTER IN AN ANSWER IN EQUITY . - New matter in an answer in equity , or an allegation not responsive to the bill , is not evidence , and the burden of proof is on the defendant to support it . 6. RESPONSES ON INFORMATION AND BELIEF ...
Page 23
... matter set up as a defense , and must be proven . ( Hart v . Ten Eyck , 2 John . Ch . 87 ; Story's Eq . P. , sec . 849 a ; 2 Story's Eq . Jur . , secs . 1528 , 1529. ) There is no evidence to support it . Nor does it follow that because ...
... matter set up as a defense , and must be proven . ( Hart v . Ten Eyck , 2 John . Ch . 87 ; Story's Eq . P. , sec . 849 a ; 2 Story's Eq . Jur . , secs . 1528 , 1529. ) There is no evidence to support it . Nor does it follow that because ...
Page 26
... matters which transpired when the defendants were children . The statement of the matter is very vague and general , without a single verifying circumstance of time , place , amount or name , except that of a dead man . Such an ...
... matters which transpired when the defendants were children . The statement of the matter is very vague and general , without a single verifying circumstance of time , place , amount or name , except that of a dead man . Such an ...
Page 29
... matter of no moment here . On February 1 , 1883 , a pay- mant of interest was made thereon of one thousand six hundred and eighty - six dollars and thirty - five cents . This suit was commenced on August 6 , 1884 , when six years had ...
... matter of no moment here . On February 1 , 1883 , a pay- mant of interest was made thereon of one thousand six hundred and eighty - six dollars and thirty - five cents . This suit was commenced on August 6 , 1884 , when six years had ...
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Common terms and phrases
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...