Federal Decisions: Cases Argued and Determined in the Supreme, Circuit and District Courts of the United States, Том 24Gilbert Book Company, 1888 |
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Страница 33
... action , if he falls into error , in a case where the act to be done is not merely a ministerial one , but is one in relation to which it is his duty to exercise judgment and discretion , even though an individual may suffer by his ...
... action , if he falls into error , in a case where the act to be done is not merely a ministerial one , but is one in relation to which it is his duty to exercise judgment and discretion , even though an individual may suffer by his ...
Страница 48
... action as would au- thorize the jury , if they believed the evidence , to find a verdict in favor of the plaintiffs , and to assess damages against the defendant for the causes of action stated in the declaration . Now the cause of action ...
... action as would au- thorize the jury , if they believed the evidence , to find a verdict in favor of the plaintiffs , and to assess damages against the defendant for the causes of action stated in the declaration . Now the cause of action ...
Страница 49
... action upon the ground that he had not proved before the referee all the damages he had sustained , or that his damage exceeded the amount which the arbitrator awarded ? We think not . The rule on that subject is well settled . It has ...
... action upon the ground that he had not proved before the referee all the damages he had sustained , or that his damage exceeded the amount which the arbitrator awarded ? We think not . The rule on that subject is well settled . It has ...
Страница 50
... action against the party , for refusing to do the act , was maintained , not upon the ground only that it was ministerial , but because it had been decided to be such by the highest judicial tribunal known to the laws of Great Britain ...
... action against the party , for refusing to do the act , was maintained , not upon the ground only that it was ministerial , but because it had been decided to be such by the highest judicial tribunal known to the laws of Great Britain ...
Страница 51
... action in that case was the breach of duty in not entering the credit , and it was assigned by the plaintiffs as their cause of action . The cause of action in the present case is the same ; and the breach here assigned , as well as in ...
... action in that case was the breach of duty in not entering the credit , and it was assigned by the plaintiffs as their cause of action . The cause of action in the present case is the same ; and the breach here assigned , as well as in ...
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Чести термини и фразе
act of congress agent agreement alleged amount appear applied appointment assets assigned assumpsit attorney authority averment bank bill bond breach brought cause of action charge Circuit Court claim collector common law constitution contract copartner count court of equity creditors damages debtor declaration deed defendant demand demurrer discharge dissolution district duty entitled equity evidence execution executor fact filed firm forfeiture fraud given held Ibid indorsed interest issue joint judgment jurisdiction jury justice liable lien mandamus marshal matter ment Morris Ketchum mortgage necessary non est factum notice old firm opinion paid partnership property party payment penalty plaintiff plaintiff in error plea in abatement pleaded postmaster postmaster-general president proceedings proceeds profits promissory note purchase question received recover rule sheriff Stat statute sufficient suit sureties tion transaction United vessel Winship writ
Популарни одломци
Страница 624 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Страница 359 - ... there must be some actual or threatened exercise of power possessed, or believed to be possessed, by the party exacting or receiving the payment over the person or property of another, from which the latter has no other means of immediate relief than by making the payment.
Страница 90 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Страница 91 - By the constitution of the United States, the president is invested with certain important political powers, in the *exercise of which he is to use his own discretion, and is accountable only to his country in his political character and to his own conscience.
Страница 388 - in common law causes in the Circuit and District Courts the plaintiff shall be entitled to similar remedies, by attachment or other process, against the property of the defendant, which are now provided by the laws of the State in which such court is held...
Страница 98 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Страница 58 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Страница 568 - ... to the person who shall sue for the same, and the other to the use of the United States, to be recovered by suit in any district court of the United States within whose jurisdiction such offense may have been committed.
Страница 518 - In suits at common law, where the value in controversy shall exceed $20, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Страница 475 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.