The Practice in Civil Actions and Proceedings at Law in Massachusetts: With Copious References to Decisions in New Hampshire, Maine, &c. With Rules of the State and United States Courts, and an Appendix of Forms

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C. C. Little and J. Brown, 1848 - Civil procedure - 515 pages
 

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Page 60 - that 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...
Page 53 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 53 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several states, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 481 - In actions on the case, the plea of not guilty shall operate as a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant, and not of the facts stated in the inducement...
Page 60 - ... 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...
Page 122 - Why, how call you those grunting brutes running about on their four legs ? " demanded Wamba. "Swine, fool — swine," said the herd; "every fool knows that."
Page 376 - In all informations and libels in causes of admiralty and maritime jurisdiction, amendments in matters of form may be made at any time on motion to the Court as of course. And new counts may be filed and amendments in matters of substance may be made upon motion at any time before the final decree, upon such terms as the Court shall impose.
Page 370 - ... in the court to which the process is returnable, or in any appellate court...
Page 370 - Court to which the same warrant is returnable, upon the defendant, whose property is so attached, giving a bond or stipulation with sufficient sureties to abide by all orders, interlocutory or final, of the Court, and pay the amount awarded by the final decree rendered in the Court to which the...
Page 378 - ... touching any matters charged in the libel, or touching any matter of defense set up in the answer, subject to the like exception as to matters which shall expose the libellant to any prosecution, or punishment, or forfeiture, as is provided in the 31st Rule.

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