Cases Argued and Determined in the Circuit and District Courts of the United States, for the Seventh Judicial Circuit, Volume 5Callaghan, 1876 |
From inside the book
Results 1-5 of 75
Page 17
... matters concerning waste , in which there is not a plain , adequate and complete remedy at law ; but it does not say who may claim . this authority of the court . It does not expressly authorize either a judgment creditor or attaching ...
... matters concerning waste , in which there is not a plain , adequate and complete remedy at law ; but it does not say who may claim . this authority of the court . It does not expressly authorize either a judgment creditor or attaching ...
Page 28
... matter of the bi ! as plaintiff's or defendants ought to be made parties to it , however numerous they may be . In Finley vs. Unite ! States Bank , 11 Wheaton 304 , a subse- quent mortgagee obtained a decree by written consent of the ...
... matter of the bi ! as plaintiff's or defendants ought to be made parties to it , however numerous they may be . In Finley vs. Unite ! States Bank , 11 Wheaton 304 , a subse- quent mortgagee obtained a decree by written consent of the ...
Page 44
... suit is in a court of inferior jurisdic- tion , and the said plea does not aver that the said court had jurisdiction of the parties or the subject matter . Nelson vs. Foster . 3. That the plea does not 44 [ September , CIRCUIT COURT .
... suit is in a court of inferior jurisdic- tion , and the said plea does not aver that the said court had jurisdiction of the parties or the subject matter . Nelson vs. Foster . 3. That the plea does not 44 [ September , CIRCUIT COURT .
Page 46
... matter in dispute exceeds , exclusive of costs , the sum or value of five hundred dollars . It is too well settled by the courts of the United States to re- quire citation of authority that in all cases when courts have concurrent ...
... matter in dispute exceeds , exclusive of costs , the sum or value of five hundred dollars . It is too well settled by the courts of the United States to re- quire citation of authority that in all cases when courts have concurrent ...
Page 53
... matter tried in their own way without legal notice to these complainants . This creditors ' bill is an attachment in equity of the money in the hands of Mead owing by him on a negotiable promissory note . An attachment is unavailable ...
... matter tried in their own way without legal notice to these complainants . This creditors ' bill is an attachment in equity of the money in the hands of Mead owing by him on a negotiable promissory note . An attachment is unavailable ...
Other editions - View all
Common terms and phrases
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...