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 35
... pay a reasonable attorney's fee to the plaintiff in case a promissory note or other contract is not performed according to ... payment of all in- debtedness on the part of Moreno to the plaintiff ; and on November 23 , 1877 , said Moreno ...
... pay a reasonable attorney's fee to the plaintiff in case a promissory note or other contract is not performed according to ... payment of all in- debtedness on the part of Moreno to the plaintiff ; and on November 23 , 1877 , said Moreno ...
Страница 36
... payment of such fee , in addition to the penalty thereof , is void . It appears from the books that the question raised upon this motion is comparatively a new and vexed one . It has mostly arisen in actions upon promissory notes ...
... payment of such fee , in addition to the penalty thereof , is void . It appears from the books that the question raised upon this motion is comparatively a new and vexed one . It has mostly arisen in actions upon promissory notes ...
Страница 37
... payment , which they might have avoided " by paying the notes at maturity . " In Gar v . Louisville Banking Co. , 11 Bush , 189 , it was held , that a stipulation in a note for an attorney's fee was not usurious , but an agreement to pay ...
... payment , which they might have avoided " by paying the notes at maturity . " In Gar v . Louisville Banking Co. , 11 Bush , 189 , it was held , that a stipulation in a note for an attorney's fee was not usurious , but an agreement to pay ...
Страница 38
... payment , and after the note is overdue , and has therefore lost its character of negotiability , that the penalty ... pay a reasonable attorney's fee in case his creditor is compelled to incur the expense of an action to collect the ...
... payment , and after the note is overdue , and has therefore lost its character of negotiability , that the penalty ... pay a reasonable attorney's fee in case his creditor is compelled to incur the expense of an action to collect the ...
Страница 39
... payment . of an attorney's fee , in case the latter is required to collect the same by law . But where the fee is so large as to suggest that it is a mere device to secure illegal interest , or some unconscion- able advantage , the ...
... payment . of an attorney's fee , in case the latter is required to collect the same by law . But where the fee is so large as to suggest that it is a mere device to secure illegal interest , or some unconscion- able advantage , the ...
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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...