The Federal Reporter, Volume 54West Publishing Company, 1893 - Law reports, digests, etc |
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Common terms and phrases
action affidavit affirmed agent Akaba alleged amount appellee application assignment authority bank bill bonds cars cause charge charter circuit court Circuit Judge citizens claim complainant complainant's constitution contract corporation counsel Court of Appeals court of equity creditors damages decision decree deed defendant's demurrer District Judge duty employes enforce entitled equity evidence fact filed follows granted Haven Railroad held infringement injunction interest issued John Clyne judgment jurisdiction jury lamp land letters patent libelants lien Little Kanawha river lode ment mortgage Old Point Comfort opinion owner paid parties patent Paw Paw Railroad payment person plaintiff in error possession prior proceedings purchaser purpose question railroad company Railway reason recover refused rule South Haven statute steamer suit supreme court testimony thereof tion trial trust United vessel Washington Trust Company witnesses writ
Popular passages
Page 420 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 331 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 154 - The correct rule of interpretation is, that if divers statutes relate to the same thing, they ought all to be taken into consideration in construing any one of them, and it is an established rule of law, that all acts in pari materia are to be taken together, as if they were one law.
Page 746 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Page 4 - Court that from prejudice or local influence he will not be able to obtain justice in such State Court...
Page 368 - That upon the reimportation of articles once exported, of the growth, product, or manufacture of the United States, upon which no internal tax has been assessed or paid, or upon which such tax has been paid and refunded by allowance or drawback, there shall be levied, collected, and paid a duty equal to the tax imposed by the internalrevenue laws upon such articles...
Page 4 - States or treaties made or which shall be made under their authority, of which the circuit courts of the United States are given original Jurisdiction by the preceding section, which may now be pending or which may hereafter be brought in any state court, may be removed by the defendant or defendants therein to the circuit court of the United States for the proper district.
Page 7 - ... there has been no decision of the state tribunals, the federal courts properly claim the right to adopt their own interpretation of the law applicable to the case, although a different interpretation may be adopted by the state courts after such rights have accrued. But even in such cases, for the sake of harmony and to avoid confusion, the federal courts will lean towards an agreement of views with the state courts if the question seems to them balanced with doubt.
Page 126 - States, any claim upon or against the Government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudulent; or whoever, for the purpose of obtaining or aiding to obtain the payment or approval of...
Page 483 - It is certainly a maxim,' said Lord Mansfield, 'that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other side to have contradicted.