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 1
... ground of mistake . 2 SAME - GROUNDS FOR RELIEF . A defendant against whom judgment has been rendered in an action at law by a federal court cannot maintain a bill in equity to have the amount of such judgment reduced on the ground that ...
... ground of mistake . 2 SAME - GROUNDS FOR RELIEF . A defendant against whom judgment has been rendered in an action at law by a federal court cannot maintain a bill in equity to have the amount of such judgment reduced on the ground that ...
Page 2
... ground of an error made by the trial court , whether through mis- take or otherwise . Per Shelby , Circuit Judge , dissenting . 4. SAME MISTAKE AS GROUND FOR RELIEF . An allegation that a trial court , in passing on a motion for new ...
... ground of an error made by the trial court , whether through mis- take or otherwise . Per Shelby , Circuit Judge , dissenting . 4. SAME MISTAKE AS GROUND FOR RELIEF . An allegation that a trial court , in passing on a motion for new ...
Page 4
... grounds , the first of which was , " Because the said bill does not set up such facts as entitle the complainant to any ... ground alleged therein ; and , it further appearing that the insufficiency of the bill is such that it cannot be ...
... grounds , the first of which was , " Because the said bill does not set up such facts as entitle the complainant to any ... ground alleged therein ; and , it further appearing that the insufficiency of the bill is such that it cannot be ...
Page 7
... ground of relief therefrom . Substantially the same grounds of relief may be urged with success in equity , except when refused on the ground that an adequate remedy existed at law , and no reason is shown why it was not pursued ...
... ground of relief therefrom . Substantially the same grounds of relief may be urged with success in equity , except when refused on the ground that an adequate remedy existed at law , and no reason is shown why it was not pursued ...
Page 50
... ground on which jurisdiction is asserted is the complicated nature of the accounts , rendering it , as we have shown , impracticable to take them by the ordinary common - law pro- ceedings . In Mr. Bigelow's note to the section in ...
... ground on which jurisdiction is asserted is the complicated nature of the accounts , rendering it , as we have shown , impracticable to take them by the ordinary common - law pro- ceedings . In Mr. Bigelow's note to the section in ...
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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.