Cases Argued and Determined in the Circuit Courts of the United States for the Eighth Judicial Circuit, Том 2Callaghan, 1882 |
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... consideration that the statute was of no force or effect in the federal courts . The demurrer to the bill will be overruled . CROOKS , Assignee , v . STUART et al . ( District of Iowa . May , 1831. ) 1. MORTGAGE OF PERSONAL PROPERTY ...
... consideration that the statute was of no force or effect in the federal courts . The demurrer to the bill will be overruled . CROOKS , Assignee , v . STUART et al . ( District of Iowa . May , 1831. ) 1. MORTGAGE OF PERSONAL PROPERTY ...
Страница 30
... consideration to the parties entitled thereto . It appears then that the statute requires : 1. That the taxes shall be levied by the board of county commissioners . 2. That the tax roll shall be prepared by the county clerk . 3. That ...
... consideration to the parties entitled thereto . It appears then that the statute requires : 1. That the taxes shall be levied by the board of county commissioners . 2. That the tax roll shall be prepared by the county clerk . 3. That ...
Страница 35
... consideration , our opinion would have been otherwise . " This expression of opinion was not necessary to a decision of the case before the court , and afterwards when a case did arise making it necessary to decide whether such sales ...
... consideration , our opinion would have been otherwise . " This expression of opinion was not necessary to a decision of the case before the court , and afterwards when a case did arise making it necessary to decide whether such sales ...
Страница 52
... consideration is the allegation of negligence on the part of the plaintiff himself . I say to you as matter of law , that if the plaintiff was negligent , and if his negligence materially contributed to the injury which he has sustained ...
... consideration is the allegation of negligence on the part of the plaintiff himself . I say to you as matter of law , that if the plaintiff was negligent , and if his negligence materially contributed to the injury which he has sustained ...
Страница 53
... consideration . It pre- sents a question which is not without difficulty as a matter of law ; at least it would not be without difficulty in some courts of the country , because there is great conflict of opinion among the courts as to ...
... consideration . It pre- sents a question which is not without difficulty as a matter of law ; at least it would not be without difficulty in some courts of the country , because there is great conflict of opinion among the courts as to ...
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Страница 70 - Constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and, consequently, admits their rank among those Powers who are capable of making treaties. The words " treaty" and " nation" are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves, having each a definite and well understood meaning. We have applied them to Indians as...
Страница 651 - ... defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat ; or where the attorney regularly employed corruptly sells out his client's interest to the other side, — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and...
Страница 133 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Страница 492 - ... improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed as justice may require, and shall make such order as to costs as shall be just...
Страница 444 - the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Страница 410 - ... not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed...
Страница 375 - Every devise of land, in any will hereafter made, shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear, by the will, that the devisor intended to convey a less estate.
Страница 553 - That the sum of not exceeding 10 per centum of the amount hereby appropriated may be expended by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior...
Страница 174 - The practice, pleading^, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and j modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Страница 174 - States, in cases where they apply;" and § 914 declares that "the practice, pleadings and forms^ and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform; as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.