Cases Argued and Determined in the Circuit Courts of the United States for the Fifth Judicial Circuit, Volume 1Callaghan, 1875 - Law reports, digests, etc |
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action alleged allowed amendment amount answer appeal apply appointed assignee authority bank bankrupt bankruptcy bill bonds brought cause charge Circuit citizens claim complainant congress constitution contract corporation court creditors damages debt decree defendant delivered discharge dismissed district district court duty effect entitled equity error evidence exceptions execution Express fact filed follows further give given granted ground hands held hold interest issued John Judge judgment jurisdiction jury Justice land liable libellant lien limitation Louisiana March matter mortgage motion necessary notice objection officers opinion Orleans owner paid parties passed patent payment person petition plaintiff plea possession present proceedings proceeds proper purchase question Railroad reason receiver record referred regard rendered rule says ship statute sufficient suit supreme court taken term thereof tion trustees United unless void
Popular passages
Page 515 - States; and such citizens of every race and color, without regard to any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall have the same right in every State and Territory in the United States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property ; and to full and equal benefit of all laws and proceedings for...
Page 305 - Indians not taxed, are hereby declared to be citizens of the United States; and such citizens, of every race and color, without regard to any previous condition of slavery or involuntary servitude...
Page 135 - ... or more than two years prior to his application, and not in public use or on sale in this country for more than two years...
Page 704 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 234 - ... nor shall any district, or circuit 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 410 - ... made with a view to prevent his property from coming to his assignee in bankruptcy, or to prevent the same from being distributed under this act...
Page 330 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence in himself or his agents, will justify an application to a court of chancery.
Page 457 - That if any person or persons shall, within any fort, arsenal, dockyard, magazine, or in any other place or district of country, under the sole and exclusive jurisdiction of the United States, commit the crime of wilful murder, such person or persons, on being thereof convicted, shall suffer death.
Page 509 - ... questions of a more general nature, not at all dependent upon local statutes or local usages of a fixed and permanent operation, as for example, to the construction of ordinary contracts or other written instruments, and especially to questions of general commercial law, where the state tribunals are called upon to perform the like functions as ourselves; that is, to ascertain upon general reasoning and legal analogies, what is the true exposition of the contract or instrument, or what is the...
Page 461 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment