Cases Argued and Determined in the Circuit Courts of the United States for the Eighth Judicial Circuit, Том 2Callaghan, 1882 |
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Страница 35
... evidence of title ; but it is also a general rule that a vendor in possession of such property can impart no better title to it than he himself possessed . There are some excep- tions to this rule , but the case of a vendee in ...
... evidence of title ; but it is also a general rule that a vendor in possession of such property can impart no better title to it than he himself possessed . There are some excep- tions to this rule , but the case of a vendee in ...
Страница 41
... evidence to show that any of the openings in the ground in controversy were made prior to September 23 , 1879 The Highland Chief people had sunk a shaft just outside of the ground in dispute , and in May of this year drifts had been run ...
... evidence to show that any of the openings in the ground in controversy were made prior to September 23 , 1879 The Highland Chief people had sunk a shaft just outside of the ground in dispute , and in May of this year drifts had been run ...
Страница 42
... evidence that there are two bodies of mineral separate and dis- tinct from each other , one in the Highland Chief shaft and the territory in dispute very near to that shaft , and another in the Highland Mary shaft , it will be a ...
... evidence that there are two bodies of mineral separate and dis- tinct from each other , one in the Highland Chief shaft and the territory in dispute very near to that shaft , and another in the Highland Mary shaft , it will be a ...
Страница 48
... evidence successfully , the motion for injunction will be denied . All assumptions of fact have of course been made on the proofs as they now stand . At the hearing , if the facts should appear to be different , the view now expressed ...
... evidence successfully , the motion for injunction will be denied . All assumptions of fact have of course been made on the proofs as they now stand . At the hearing , if the facts should appear to be different , the view now expressed ...
Страница 49
... evidence and all the circumstances , and arrive at a just and reasonable determination . The measure of damages ( in case of injury to a horse ) is not what a man might have made by using him as a racer upon the track , but the ...
... evidence and all the circumstances , and arrive at a just and reasonable determination . The measure of damages ( in case of injury to a horse ) is not what a man might have made by using him as a racer upon the track , but the ...
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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.