The Federal Reporter, Том 175West Publishing Company, 1910 |
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Страница 1
... CAUSE OF ACTION -Burden of Proof . In a suit to set aside a judicial sale of realty in satisfaction of a judg- ment on a sheriff's bond , executed by decedent , on the ground of decedent's insanity at the time he executed the bond , the ...
... CAUSE OF ACTION -Burden of Proof . In a suit to set aside a judicial sale of realty in satisfaction of a judg- ment on a sheriff's bond , executed by decedent , on the ground of decedent's insanity at the time he executed the bond , the ...
Страница 21
... cause No. 386 on the docket of that court , and which was an action to determine the true location of the boundary line between survey No. 47 , owned by Ogden , and survey No. 48 , owned by Finch , a judgment was rendered on the verdict ...
... cause No. 386 on the docket of that court , and which was an action to determine the true location of the boundary line between survey No. 47 , owned by Ogden , and survey No. 48 , owned by Finch , a judgment was rendered on the verdict ...
Страница 22
the trial of that cause , and before the case was submitted to the jury , he ( Ogden ) expressly dismissed that cause as to survey No. 43 , and proceeded to trial therein under his allegations as to title and pos- session of 47 , and ...
the trial of that cause , and before the case was submitted to the jury , he ( Ogden ) expressly dismissed that cause as to survey No. 43 , and proceeded to trial therein under his allegations as to title and pos- session of 47 , and ...
Страница 23
... cause No. 386 much proof was offered by the re- spective parties and admitted as bearing on the issues made by their pleadings . On the trial of this case in the Circuit Court , a witness , Mr. Bar- wise , testified : " After the ...
... cause No. 386 much proof was offered by the re- spective parties and admitted as bearing on the issues made by their pleadings . On the trial of this case in the Circuit Court , a witness , Mr. Bar- wise , testified : " After the ...
Страница 24
... cause No. 386 , which was offered in evidence on the trial of the case we are now considering , recites the verdict of the jury in that cause to have been as follows : " We , the jury , find for the plaintiff the following described ...
... cause No. 386 , which was offered in evidence on the trial of the case we are now considering , recites the verdict of the jury in that cause to have been as follows : " We , the jury , find for the plaintiff the following described ...
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action adjudication agreement alleged amended amount application baking powder bank bankrupt bankruptcy bill bonds cause cause of action Cent charge Circuit Court Circuit Judge claim claimants coal complainant complainant's contract corporation Court of Appeals court of equity creditors damages debt decision decree defendant demurrer Digs District Court District Judge entitled equity error evidence fact federal court filed fraud Grand Trunk Railway held infringement injunction injury issue judgment jurisdiction jury land lease Leslie county liability libelant lien matter ment mortgage motion Note Note.-For NUMBER in Dec opinion owner paid parties patent payment person petition petitioner plaintiff plaintiff in error prior art proceeding purchase purpose question railroad company Railway reason receiver referred Rep'r Indexes rule Stat statute stearin subrogation suit testimony thereof tion topic trade-mark trustee U. S. Comp United vessel
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Страница 125 - ... resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.
Страница 31 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Страница 401 - Though the law itself be fair on its face and impartial in appearance, yet, if it is applied and administered by public authority with an evil eye and an unequal hand, so as practically to make unjust and illegal discriminations between persons in similar circumstances, material to their rights, the denial of equal justice is still within the prohibition of the Constitution.
Страница 302 - Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this Act.
Страница 433 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work with promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the architects, the Owner shall be at liberty, after three days...
Страница 220 - 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 partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Страница 548 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Страница 443 - It shall be the duty of the United States district attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any court...
Страница 725 - This company shall not be liable under this policy for a greater proportion of any loss on the described property, or for loss by and expense of removal from premises endangered by fire, than the amount hereby insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers, covering such property...
Страница 508 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...