 | Walter Collins Clephane - Court rules - 1926 - 632 pages
...not according to the practice of state courts, but according to the principles of the common law and equity, as distinguished and defined in that country from which we derive our knowledge of those principles."14 A state statute, therefore, which creates new legal rights, cannot defeat the federal... | |
 | Law - 1892 - 532 pages
...State even for federal courts sitting in tho;* States, but that question is to be determined by the principles of common law or equity as distinguished...country from which we derive our knowledge of those principles.4 For example, the practice of allowing ejectments to be maintained in State courts upon... | |
 | Law - 1903 - 542 pages
...according to the practice of state courts, but according to the principles of common law and equity. "8 distinguished and defined in that country from which we derive our knowledge of these principles. 'And although the forms of proceedings and practice in the state courts shall have... | |
 | Law - 1903 - 1240 pages
...equity, not according to the practice of state courts, but according to the principles of common law and equity, as distinguished and defined In that country from which we derive our knowledge of these principles. 'And although the forms of proceedings and practice in the state courts shall have... | |
 | North Carolina Bar Association - Bar associations - 1906 - 194 pages
...not according to the practice of the State courts, but according to the principles of common law and equity, as distinguished and defined in that country...which we derive our knowledge of those principles." In Noonan v. Braley, 67 U. .S., 497, it is said: "The equity jurisdiction of the courts of the United... | |
 | United States. Congress. House. Committee on Government Operations - 1955 - 140 pages
...in equity, not according to the practice of state courts, but according to the principles of * * * equity, as distinguished and defined in that country...which we derive our knowledge of those principles." [3 Wheat. (16 US) at 222-223.] Equitable estoppel, as an age-old principle of equity, "applies to all... | |
 | United States. Supreme Court - Law reports, digests, etc - 1882 - 782 pages
...to the fluctuât Ing practice of the itate courts, but according to the principles of common law and equity as distinguished and defined in that country from which we derive our knowledge of those princi10»] pies. The case of Palmer *v. Allen« also confirms the principle for which the plaintiffs... | |
 | United States. Supreme Court - Law reports, digests, etc - 1919 - 1154 pages
...not according to the practice of the state courts, but according to the principles of common law and equity, as distinguished and defined in that country from which we derive our knowledge of these principles," — citing aim in that effect fne case of ИоЫпяоп v. Campbell, 16 US 3 Wheat.... | |
 | Gary L. McDowell - Law - 1982 - 201 pages
...States are to be, at common law or in equity . . . according to the principles of the common law and equity as distinguished and defined in that country...which we derive our knowledge of those principles" (at 223). 16 Every federal court in every state was to be so guided.17 Although the Constitution vested... | |
 | Peter Charles Hoffer - Political Science - 1990 - 324 pages
...enabling act had stated, were available "according to the principles of common law and equity . . . distinguished and defined in that country from which we derive our knowledge of those principles." 81 This result was confirmed cursorily in Justice Joseph Story's opinion in Boyle v. Zocherie H. Story... | |
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The remedies in the Courts of the United States are, at common law or in equity, not according to the practice of State Courts, but according to the principles of common law and equity, as distinguished and defined in that country from which we derive... 
