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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Results 1-5 of 83
Page 16
... plaintiff in the judgment and exe- cution , restraining the defendant from committing waste ; but after the sale he ceased to be such plaintiff and became the person to whom the certificate of sale is given as the purchaser , in ...
... plaintiff in the judgment and exe- cution , restraining the defendant from committing waste ; but after the sale he ceased to be such plaintiff and became the person to whom the certificate of sale is given as the purchaser , in ...
Page 21
... plaintiff . The homestead , by the law , must be claim- ed when the levy is made . When the levy might have been ... plaintiff's debt , it is too late for the defendant to interpose a claim of exemption . Whether a defendant can dispose ...
... plaintiff . The homestead , by the law , must be claim- ed when the levy is made . When the levy might have been ... plaintiff's debt , it is too late for the defendant to interpose a claim of exemption . Whether a defendant can dispose ...
Page 22
... plaintiff's in such case a cognovit , whereby he confessed the debt and consented that a judgment might be entered immediately and an execu- tion be issued upon the judgment . There was no express authority from the defendant to the ...
... plaintiff's in such case a cognovit , whereby he confessed the debt and consented that a judgment might be entered immediately and an execu- tion be issued upon the judgment . There was no express authority from the defendant to the ...
Page 28
... 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 defendant without ...
... 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 defendant without ...
Page 29
... plaintiff Mariner , the land still remains subject to that proportion of the incumbrance created by the mortgage.1 A suit was brought by the assignee of a mortgage without making the mortgagee a party . A decree was entered for the ...
... plaintiff Mariner , the land still remains subject to that proportion of the incumbrance created by the mortgage.1 A suit was brought by the assignee of a mortgage without making the mortgagee a party . A decree was entered for the ...
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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...