The Federal Reporter, Volume 116West Publishing Company, 1902 - Law reports, digests, etc Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia. |
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Page 8
... error the case must be reversed . We do not deem it necessary to pass upon the defenses which the bill itself anticipates , and which it seeks to avoid by replying matter in avoidance in advance . The decree of the circuit court is ...
... error the case must be reversed . We do not deem it necessary to pass upon the defenses which the bill itself anticipates , and which it seeks to avoid by replying matter in avoidance in advance . The decree of the circuit court is ...
Page 9
error was committed in instructing the jury that payments and settlements had between the parties for the logs up to the 15th of August , 1897 , was final , although it might appear that the size of the logs for that time was smaller ...
error was committed in instructing the jury that payments and settlements had between the parties for the logs up to the 15th of August , 1897 , was final , although it might appear that the size of the logs for that time was smaller ...
Page 11
... error , the remedy at law was complete by writ of error . In Creath's Adm'r v . Sims , 5 How . 205 , 12 L. Ed . III , the court said : " Whenever , therefore , a competent remedy or defense shall have existed at law , a party who may ...
... error , the remedy at law was complete by writ of error . In Creath's Adm'r v . Sims , 5 How . 205 , 12 L. Ed . III , the court said : " Whenever , therefore , a competent remedy or defense shall have existed at law , a party who may ...
Page 12
... error , yet it is claimed that , having failed to do it , it is a " mistake or accident , " with- in the meaning of equity jurisprudence ; that is , that equity requires the judge to do what the paramount law forbids his doing . We can ...
... error , yet it is claimed that , having failed to do it , it is a " mistake or accident , " with- in the meaning of equity jurisprudence ; that is , that equity requires the judge to do what the paramount law forbids his doing . We can ...
Page 14
... Error to the Circuit Court of the United States for the District of Nebraska . This was an action by the Citizens ' Savings & Loan Association , the de- fendant in error , which is a citizen of the state of Ohio , against the county of ...
... Error to the Circuit Court of the United States for the District of Nebraska . This was an action by the Citizens ' Savings & Loan Association , the de- fendant in error , which is a citizen of the state of Ohio , against the county of ...
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Common terms and phrases
action adjudication alleged amount appear appellee assets assignment bank Bankr bankrupt bankruptcy bill bonds cause charge Circuit Court Circuit Judge City claim Clarksburg complainant contract corporation counsel Court of Appeals court of equity creditors Dawson City debt decree defendant District Court District Judge duty employés entitled equity evidence execution fact filed fraud fund Georgia grant held indictment injunction injury insolvent Iowa issued Johnson City judgment jurisdiction juror jury land liability libelant lien lumber matter ment mortgage negligence opinion owner paid parties patent payment peremptory challenge person petition plaintiff in error proceedings purchase purpose question Railroad Co railroad company railway company reason receiver referred rent Rubber Tire rule schooner statute suit supreme court surety Tennessee testimony thereof tion trial trustee trustee in bankruptcy United vessel writ of error
Popular passages
Page 591 - No indictment is insufficient, nor can the trial, judgment, or other proceedings thereon be affected, by reason of a defect or imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 650 - ... any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true, is guilty of perjury...
Page 699 - Where by any of these rules one of two vessels is to keep out of the way, the other shall keep her course and speed.
Page 711 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 623 - ... that the defendant is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights, respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted, to restrain such act.
Page 136 - ... shall have power to impose and administer all necessary oaths or affirmations, and to punish by fine or imprisonment, at the discretion of said courts, all contempts of authority in any cause or hearing before the same...
Page 67 - ... to exercise due diligence (to) properly equip, man, provision, and outfit said vessel, and to make said vessel seaworthy and capable of performing her intended voyage, or whereby the obligations of the master, officers, agents, or servants, to carefully handle and stow her cargo and to care for and properly deliver same, shall in any wise be lessened, weakened, or avoided.
Page 730 - Who is the sovereign, de jure or de facto, of a territory is not a judicial, but is a political question, the determination of which by the legislative and executive departments of any government conclusively binds the judges, as well as all other officers, citizens and subjects of that government. This principle has always been upheld by this court, and has been affirmed under a great variety of circumstances.
Page 48 - Claims shall not be proved against a bankrupt estate subsequent to one year after the adjudication; or if they are liquidated by litigation and the final judgment therein is rendered within thirty days before or after the expiration of such time, then within sixty days after the rendition of such judgment...
Page 687 - They are vested when there is a person in being who would have an immediate right to the possession of the lands upon the ceasing of the intermediate or precedent estate.