A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty, Patent Cases, Foreclosure of Railway Mortgages ...Callaghan, 1901 |
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Страница 802
... facts in the plaintiff's dec- laration or other pleading at law can only be made by a special plea to the jurisdiction , and is waived by a general denial or by a plea to the merits ; although the court may of its own motion institute ...
... facts in the plaintiff's dec- laration or other pleading at law can only be made by a special plea to the jurisdiction , and is waived by a general denial or by a plea to the merits ; although the court may of its own motion institute ...
Страница 813
... facts which are not made mat- ter of record , or where the application is made by a stranger , the grant or refusal ... fact within its jurisdic- tion , or to undo what has been done.22 21 " The only effect of the writ is to suspend all ...
... facts which are not made mat- ter of record , or where the application is made by a stranger , the grant or refusal ... fact within its jurisdic- tion , or to undo what has been done.22 21 " The only effect of the writ is to suspend all ...
Страница 819
... facts as to the valid- ity of a claim to a trade - mark affecting importations.63 64 62 A State court cannot issue a ... fact that his remedy in the State court upon the same cause of action would be of a character which we are not ...
... facts as to the valid- ity of a claim to a trade - mark affecting importations.63 64 62 A State court cannot issue a ... fact that his remedy in the State court upon the same cause of action would be of a character which we are not ...
Страница 841
... facts outside of and not inconsistent with the record , showing that the court under the process of which the prisoner is held has no jurisdiction over his person , or in respect to the subject with which he is charged . " When the ...
... facts outside of and not inconsistent with the record , showing that the court under the process of which the prisoner is held has no jurisdiction over his person , or in respect to the subject with which he is charged . " When the ...
Страница 845
... facts . Only distinct and unambiguous statements of fact not denied by the return nor controverted by other evidence will be presumed to be admitted . 38 29 Seavey v . Seymour , 3 Cliff . 439 . 30 U. S. R. S. , § 757. The return is not ...
... facts . Only distinct and unambiguous statements of fact not denied by the return nor controverted by other evidence will be presumed to be admitted . 38 29 Seavey v . Seymour , 3 Cliff . 439 . 30 U. S. R. S. , § 757. The return is not ...
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Чести термини и фразе
action adjudication affidavit alleged allowed amended amount appellate court application appointed assignment attorney authority Bank bankrupt bill of exceptions Blatchf bond cause certified Circuit Court claimant clerk common law County Court of Appeals Court of Claims Cranch creditors debt decision defendant deposition discharge dismissed District Court docket equity Evarts Act evidence execution facts Federal court filed grant habeas corpus held Ibid infra insolvent issue judge judgment or decree jurisdiction jury land Lau Ow Bew libel lien marshal ment motion notice nunc pro tunc party pending person petition petitioner plaintiff in error pleadings proceedings proof question quo warranto record referee refused remand removal Revised Statutes S. C. Rule scire facias stipulation suit supra Supreme Court taken therein thereof tion trial trustee United unless Wall writ of error writ of habeas
Популарни одломци
Страница 877 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Страница 1121 - ... property which prior to the filing of the petition he could by any means have transferred or which might have been levied upon and sold under judicial process against him...
Страница 1158 - Act read in its essential parts as follows: (A) final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Страница 1092 - States as a holiday or as a day of public fasting or thanksgiving; (15) a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts...
Страница 1001 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity or admiralty if the United States were suable...
Страница 1332 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...
Страница 1301 - Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country before his invention or discovery thereof...
Страница 1142 - The liability of a person who is a co-debtor with, or guarantor or in any manner a surety for, a bankrupt shall not be altered by the discharge of such bankrupt...
Страница 1356 - For which Payment well and truly to be made, we bind ourselves, and each of us, our and each of our Heirs, Executors and Administrators, jointly and severally, firmly by these Presents.
Страница 1131 - The court shall order the trustee to pay all taxes legally due and owing by the bankrupt to the United States, State, county, district, or municipality in advance of the payment of dividends to creditors...