The Supreme Court Reporter, Volume 18West Publishing Company, 1899 |
From inside the book
Results 1-5 of 100
Page 2
... application to the circuit court . Petitioner prayed for the writ of habeas corpus , and for the writ of certiorari ... applications for the writ have been made , and appeals taken from re- fusals to grant it , quite destitute of ...
... application to the circuit court . Petitioner prayed for the writ of habeas corpus , and for the writ of certiorari ... applications for the writ have been made , and appeals taken from re- fusals to grant it , quite destitute of ...
Page 4
... application shall be filed in the circuit court within the time and in the manner provided for in section fifteen of ... applying in the one clause the same limitation of time which is provid- ed in the other . Non constat but that con ...
... application shall be filed in the circuit court within the time and in the manner provided for in section fifteen of ... applying in the one clause the same limitation of time which is provid- ed in the other . Non constat but that con ...
Page 33
... application to consider that evidence is practically an application for a rehearing as to things directly determined in the former suits between the same parties , and which adjudication has never been modified . Such a course of ...
... application to consider that evidence is practically an application for a rehearing as to things directly determined in the former suits between the same parties , and which adjudication has never been modified . Such a course of ...
Page 35
... application for reargument , nearly a year aft- er the judgment of the common pleas was af- firmed by the supreme court , the suggestion came too late . Texas & P. R. Co. v . Southern Pac . Co. , 137 U. S. 48 , 11 Sup . Ct . 10 ; Loeber ...
... application for reargument , nearly a year aft- er the judgment of the common pleas was af- firmed by the supreme court , the suggestion came too late . Texas & P. R. Co. v . Southern Pac . Co. , 137 U. S. 48 , 11 Sup . Ct . 10 ; Loeber ...
Page 39
... application pending at the time of its passage ; nor any action that shall be begun , proceeding taken or application duly made with- in six months thereafter for the purpose of va- cating any tax sale or any conveyance or certifi- cate ...
... application pending at the time of its passage ; nor any action that shall be begun , proceeding taken or application duly made with- in six months thereafter for the purpose of va- cating any tax sale or any conveyance or certifi- cate ...
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Common terms and phrases
act of congress action affirmed aforesaid alleged amendment amount Andrew Johnson appointed approved assessment Atlantic & Pacific attorney authority bill bond bottomry certificates charge circuit court claim complainant constitution construction consul contract court of appeals court of equity Craney Island decision declared decree deed defendant district court duty entitled equity evidence executed fact fees filed Filhiol fourteenth amendment grant Harlem Extension Railroad held indictment interest issue judgment jurisdiction jury Justice land Lebanon Springs Railroad lien Maxwell Land-Grant ment mortgage owner Pacific Railroad Company paid pany parties patent payment person petition petitioner plaintiff in error possession proceedings purchase purpose question Railway rates reason received road rule sion Southern Pacific Railroad Stat statute suit supreme court territory therein thereof tion tract trial United valid vessel writ of error
Popular passages
Page 105 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 205 - ... every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad line, as said company may adopt, through the Territories of the United States, and ten alternate sections of land per mile on each side of said railroad whenever it passes through any State, and whenever on the line thereof, the United States have full title, not reserved, sold, granted or otherwise appropriated, and free from preemption,...
Page 215 - ... as near as may be, to the practice, pleadings, aud 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 18 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same parties or their privies...
Page 228 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this court.
Page 294 - Court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court...
Page 388 - The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide, and the legislature may properly interpose its authority.
Page 60 - 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 389 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 416 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...