Cases Argued and Determined in the Circuit and District Courts of the United States, for the Seventh Judicial Circuit, Volume 5Callaghan, 1876 |
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Page 28
... cause " to be concerned in interest until the decree was made and executed . " If such a proceeding were " admissible in any case , *** it must be where the mischief resulting from a rejection of the petition would be irremediable ...
... cause " to be concerned in interest until the decree was made and executed . " If such a proceeding were " admissible in any case , *** it must be where the mischief resulting from a rejection of the petition would be irremediable ...
Page 31
... cause on the law side of the count was dismissed . Cases between the same parties were also dis- missed in the same way in 4 Dallas , 338. These were rulings of the Pennsylvania Circuit Court at an early day , before the practice was ...
... cause on the law side of the count was dismissed . Cases between the same parties were also dis- missed in the same way in 4 Dallas , 338. These were rulings of the Pennsylvania Circuit Court at an early day , before the practice was ...
Page 44
... causes of demurrer : 1. That the plea was not accompanied with a certificate of counsel that in his opinion the plea is well founded . 2. That the former suit is in a court of inferior jurisdic- tion , and the said plea does not aver ...
... causes of demurrer : 1. That the plea was not accompanied with a certificate of counsel that in his opinion the plea is well founded . 2. That the former suit is in a court of inferior jurisdic- tion , and the said plea does not aver ...
Page 46
... cause of action . Held , defend- ant , in second action , must aver pendency of first suit at time of filing his plea in abatement . McConnell vs. Stettinius , Id . , 707. A owed B , for which debt he gave his note in liquidation . B ...
... cause of action . Held , defend- ant , in second action , must aver pendency of first suit at time of filing his plea in abatement . McConnell vs. Stettinius , Id . , 707. A owed B , for which debt he gave his note in liquidation . B ...
Page 47
... cause for plea in abatement to second suit in personam . Hart vs. Granger , 1 Connecticut , 154. In a petition in chancery by A and B against C , praying a contract for the purchase of Ohio lands to be deliver- ed up and canceled as C ...
... cause for plea in abatement to second suit in personam . Hart vs. Granger , 1 Connecticut , 154. In a petition in chancery by A and B against C , praying a contract for the purchase of Ohio lands to be deliver- ed up and canceled as C ...
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act of bankruptcy action admiralty agent alleged amount apply assignee authority bankrupt act bankrupt law bankruptcy bill BLODGETT boat bridge charge Chicago Circuit Court CIRCUIT COURT.-NORTHERN DISTRICT circumstances claim commercial paper complainant consignee construction contract corporation counsel court of equity creditors damages debt debtor declared decree deed defendant demurrer deposit Derby district court dollars duty equity evidence Ezrom fact filed fraud Illinois infringement injunction insolvent Insurance Company interest issued judgment jurisdiction jury Kendallville Kerfoot land liable libel lien loss matter Medbury ment Milwaukee & St Mississippi river mortgage National Bank navigation Oconto river owner paid parties patent payment person petition petitioner piers plaintiff plea pleadings possession proceedings promissory notes proof purchase question raft received river Rock county rule Secretary of War set-off statute stockholders suit sustained testimony tion trust United vessel Walker wife
Popular passages
Page 46 - L. 78) declares, 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...
Page 75 - In all cases where the rules prescribed by this Court, or by the Circuit Court, do not apply, the practice of the Circuit Court shall be regulated by the present practice of the High Court of Chancery in England, so far as the same may reasonably be applied consistently with the local circumstances and local convenience of the district where the 'Court is held, not as positive rules, but as furnishing just analogies to regulate the practice.
Page 400 - When the action is between herself and her husband, she may sue or be sued alone; 3.
Page 502 - ... its shareholders or creditors; and all payments of money to either, made after the commission of an act of insolvency, or in contemplation thereof, made with a view to prevent the application of its assets in the manner prescribed by this chapter, or with a view to the preference of one creditor to another, except in payment of its circulating notes, shall be utterly null and void...
Page 37 - ... shall be exempt from forced sale on execution, or any other final process from a court, for any debt contracted after the adoption of this constitution.
Page 381 - It is true that a statute, containing a prohibition and a penalty, makes the act which it punishes unlawful, and the same may be implied from a penalty without a prohibition ; but it does not follow that the unlawfulness of the act was meant by the legislature to avoid a contract made in contravention of it. When the statute is silent, and contains nothing from which the contrary can be properly inferred, a contract in contravention of it is void.
Page 324 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...
Page 502 - suits, actions, and proceedings by and against any association under this act may be had in any circuit, district, or territorial court of the United States held within the district in which such association may be established.
Page 501 - ... to take any captured vessel, any arms or munitions of war or other material...
Page 448 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...