Cases Argued and Determined in the Circuit Courts of the United States for the Eighth Judicial Circuit, Volume 2Callaghan, 1882 - Law reports, digests, etc |
From inside the book
Results 1-5 of 79
Page 8
... answer to say that the Joliet Iron and Steel Company , the payee of the certificates , must have participated in the fraud . The action is based upon the defendant's written representa- tions contained in the body of the certificates ...
... answer to say that the Joliet Iron and Steel Company , the payee of the certificates , must have participated in the fraud . The action is based upon the defendant's written representa- tions contained in the body of the certificates ...
Page 9
... answer . The petition being taken as true does not show such a state of facts . Third . The second count omits the charge of fraud con- tained in the first , and is founded upon the theory that the rep- resentations contained in the ...
... answer . The petition being taken as true does not show such a state of facts . Third . The second count omits the charge of fraud con- tained in the first , and is founded upon the theory that the rep- resentations contained in the ...
Page 26
... answer to this rule the respond- ents say : " That , as commanded by the peremptory writ of mandamus allowed herein , they levied , as provided by law , the tax therein directed to be levied , as will fully appear by their return to ...
... answer to this rule the respond- ents say : " That , as commanded by the peremptory writ of mandamus allowed herein , they levied , as provided by law , the tax therein directed to be levied , as will fully appear by their return to ...
Page 49
... answer as sets up the special contract " will not be received by the court . - - 7. RAILROAD CONTRACT REASONABLENESS . - A contract between a rail- road company and a shipper of horses stipulated that for injuries to the animals shipped ...
... answer as sets up the special contract " will not be received by the court . - - 7. RAILROAD CONTRACT REASONABLENESS . - A contract between a rail- road company and a shipper of horses stipulated that for injuries to the animals shipped ...
Page 57
... answer as sets up the special contract . We do not receive a demurrer on such a specification as that . The clerk would not know , nor would anybody , what is meant by saying , " we sustain the demurrer to so much of the answer as sets ...
... answer as sets up the special contract . We do not receive a demurrer on such a specification as that . The clerk would not know , nor would anybody , what is meant by saying , " we sustain the demurrer to so much of the answer as sets ...
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Common terms and phrases
act of congress action agent alleged assignee authority Bank of Montreal Barnesville Beadle bill of review bonds cause Cerro Gordo county certificate circuit court citizens claim Colorado commissioners complainant construction contract controversy conveyance corporation counsel court of equity creditors damages debts decree deed defendant demurrer District Judge duty entitled equity evidence executed fact federal courts filed fraud fraudulent granted ground held Indian injunction interest Iowa issued judgment jurisdiction jury Kansas Labette County land levy liable lien lode Marion County matter MCCRARY mechanic's lien ment Milwaukee & St Missouri mortgage motion National Bank Nebraska negligence Northern Pacific Railroad notice officers owner parties patent payment person petition plaintiff possession precinct proceedings purchase purpose question Railroad Company Railway Company receiver removal respondent road Roudebush rule Sherman County statute stockholders suit supreme court taxes thereof tion treaty United usury vein verdict writ
Popular passages
Page 70 - Constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and, consequently, admits their rank among those Powers who are capable of making treaties. The words " treaty" and " nation" are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves, having each a definite and well understood meaning. We have applied them to Indians as...
Page 651 - ... defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat ; or where the attorney regularly employed corruptly sells out his client's interest to the other side, — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and...
Page 133 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Page 492 - ... improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed as justice may require, and shall make such order as to costs as shall be just...
Page 444 - the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Page 410 - ... not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed...
Page 375 - Every devise of land, in any will hereafter made, shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear, by the will, that the devisor intended to convey a less estate.
Page 553 - That the sum of not exceeding 10 per centum of the amount hereby appropriated may be expended by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior...
Page 174 - The practice, pleading^, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and j modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 174 - States, in cases where they apply;" and § 914 declares that "the practice, pleadings and forms^ and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform; as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.