The Supreme Court Reporter, Volume 18West Publishing Company, 1899 |
From inside the book
Results 6-10 of 100
Page 28
... answer and contest , the essence of estoppel by judgment being that there has been a judicial determination of a fact , and the question always is , has there been a determination ? and not , upon what evidence and by what means was it ...
... answer and contest , the essence of estoppel by judgment being that there has been a judicial determination of a fact , and the question always is , has there been a determination ? and not , upon what evidence and by what means was it ...
Page 30
... answer shall be filed . But if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill , he may have leave to amend the same with or without payment of costs , as the court , or a judge thereof , may ...
... answer shall be filed . But if any matter alleged in the answer shall make it necessary for the plaintiff to amend his bill , he may have leave to amend the same with or without payment of costs , as the court , or a judge thereof , may ...
Page 31
... answer or amended answer , unless the rules of plead- ing imperatively require an amendment of the bill . Besides , rule 45 must be construed in connection with equity rule 19 , declaring that the plaintiff , at his discretion , may ...
... answer or amended answer , unless the rules of plead- ing imperatively require an amendment of the bill . Besides , rule 45 must be construed in connection with equity rule 19 , declaring that the plaintiff , at his discretion , may ...
Page 37
... answer for the company , when charged with negli- * gence in knowingly or negligently permitting such passenger or employé to throw the stones , to say that the person throwing them was a passenger , or , if an employé , that he had ...
... answer for the company , when charged with negli- * gence in knowingly or negligently permitting such passenger or employé to throw the stones , to say that the person throwing them was a passenger , or , if an employé , that he had ...
Page 82
... answer , nor to ap- prise the jury of what they are to convict or acquit him , nor to apprise the court of what ... answers every essential require- ment of the common law in regard to informa- tions or indictments . The prescribed form ...
... answer , nor to ap- prise the jury of what they are to convict or acquit him , nor to apprise the court of what ... answers every essential require- ment of the common law in regard to informa- tions or indictments . The prescribed form ...
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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...