Reports of Cases Decided in the Circuit and District Courts of the United States for the Ninth Circuit, Том 6A.L. Bancroft, 1882 |
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Страница 37
... debt shall compel the creditor to resort . to legal proceedings to collect his demand , is not only not usurious , but is so eminently just that there should be no hesitation in enforcing it . " In Wyant v . Pottorf , 37 Ind . 512 , a ...
... debt shall compel the creditor to resort . to legal proceedings to collect his demand , is not only not usurious , but is so eminently just that there should be no hesitation in enforcing it . " In Wyant v . Pottorf , 37 Ind . 512 , a ...
Страница 38
... debt is only an agreement to so far reimburse the creditor the loss which he may sustain by reason of the debtor's failure to perform his contract to pay his debt . In justice and fairness it stands on as high ground as the right to ...
... debt is only an agreement to so far reimburse the creditor the loss which he may sustain by reason of the debtor's failure to perform his contract to pay his debt . In justice and fairness it stands on as high ground as the right to ...
Страница 40
... debt by law , rests . upon the same ground as the right to make any other con- tract not prohibited by law , or contra bonos mores . Assuming , then , what has not been questioned , and upon which I express no opinion , that one hundred ...
... debt by law , rests . upon the same ground as the right to make any other con- tract not prohibited by law , or contra bonos mores . Assuming , then , what has not been questioned , and upon which I express no opinion , that one hundred ...
Страница 58
... debt due the county by the sureties of a defaulting officer , and may , of course , take a note and mortgage for the sum ac- cepted in lieu of the whole debt ; it may also accumulate a fund by a limited tax , during a period of years ...
... debt due the county by the sureties of a defaulting officer , and may , of course , take a note and mortgage for the sum ac- cepted in lieu of the whole debt ; it may also accumulate a fund by a limited tax , during a period of years ...
Страница 92
... debt out of the fund subject to both claims , equity will compel the creditor to resort in the first instance to the fund to which he alone has a claim , if it can be done without injustice to him or to the common debtor . ( Story Eq ...
... debt out of the fund subject to both claims , equity will compel the creditor to resort in the first instance to the fund to which he alone has a claim , if it can be done without injustice to him or to the common debtor . ( Story Eq ...
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action alleged amendment appears assignee August 14 authority bill Brenham Burlingame treaty California charge Chinese circuit court citizens claim common law complainant constitution construction contract conveyance corporation court of equity Court-Deady Court-Hillyer Court-Hoffman Court-Sawyer creditors DEADY debt debtor deceased decree defendant District Judge donation act effect enforce entitled equity execution fact filed fourteenth amendment grant ground habeas corpus held hundred Indian country indorsed interest issued judgment judgment debtor jurisdiction jury Justice Field land Lane county latter legislature libelant lien marshal ment mortgage Nevada nitro-glycerine Opinion Oregon Pacific Railroad Company parties patent payment person plaintiff pocket possession premises purchase purpose question recover reissue residence Rufus Mallory rule SAWYER settler Southern Pacific Railroad Stat statute stipulation suit supra supreme court testimony therein thereof thousand dollars tion treaty United valid vessel violation void writ
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Страница 388 - Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Страница 310 - All records of mining claims hereafter made shall contain the name or names of the locators, the date of the location, and such a description of the claim or claims located by reference to some natural object or permanent monument as will identify the claim.
Страница 305 - No claim shall extend more than three hundred feet on each side of the middle of the vein at the surface...
Страница 520 - ... Whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, the Commissioner shall, on the surrender of such patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with...
Страница 520 - This provision of the Act of 1836 was in turn superseded by § 53 of the Act of July 8th, 1870, c. 230, 16 Stat. 205, which provided, " that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new...
Страница 472 - States shall be plaintiff or petitioner, or in which there shall be a controversy between citizens of different states, or a controversy between citizens of the same state, claiming lands under grants of different states, or a controversy between citizens of a state and foreign states, citizens or subjects, either party may remove said suit into the Circuit Court of the United States for the proper district.
Страница 389 - If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws...
Страница 413 - The constitutional provision, therefore, must mean that no agency of the state, or of the officers or agents by whom its powers are exerted, shall deny to any person within its jurisdiction the equal protection of the laws. Whoever, by virtue of public position, under a state government, deprives another of...
Страница 165 - ... shall have similar grants of land, subject to all the conditions and limitations herein provided, and shall be required to construct its road on the like regulations, as to time and manner, with the Atlantic and Pacific Railroad herein provided for.
Страница 164 - ... every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of the railroad line, as said company may adopt, through the Territories of the United States...