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 71
Page 14
... complainant . Barcroft , for respondent . MCCRARY , Circuit Judge . The complainant , as assignee in bankruptcy of A. J. Nutter , bankrupt , and as representing the creditors of the bankrupt estate , brings this bill to set aside two ...
... complainant . Barcroft , for respondent . MCCRARY , Circuit Judge . The complainant , as assignee in bankruptcy of A. J. Nutter , bankrupt , and as representing the creditors of the bankrupt estate , brings this bill to set aside two ...
Page 116
... complainant's bill in this cause , and we point only to the following extracts from the same , to wit : " It is ordered and adjudged that the defendants , the county of Cerro Gordo and McGregor & Sioux City Railway Company , now the ...
... complainant's bill in this cause , and we point only to the following extracts from the same , to wit : " It is ordered and adjudged that the defendants , the county of Cerro Gordo and McGregor & Sioux City Railway Company , now the ...
Page 176
... complainant . The answer of respondent Brockway alleges that on the thirteenth day of January , 1876 , the date of complainant's mortgage , as set out in his bill , the said property described in his said mortgage as ( describing it ) ...
... complainant . The answer of respondent Brockway alleges that on the thirteenth day of January , 1876 , the date of complainant's mortgage , as set out in his bill , the said property described in his said mortgage as ( describing it ) ...
Page 177
... complainant cannot make a person who claims adversely to both the mortgagor and mortgagee a party , and litigate and ' settle his right in that case . Barbour , Parties in Equity , 493 ,. and the cases there cited . " In Hill et al . v ...
... complainant cannot make a person who claims adversely to both the mortgagor and mortgagee a party , and litigate and ' settle his right in that case . Barbour , Parties in Equity , 493 ,. and the cases there cited . " In Hill et al . v ...
Page 205
... complainant's track , and the land necessary for operating its road , could not maintain ejectment . If the company is not a trespasser and cannot be ousted by ejectment , and an injunction would not issue , it has a right of property ...
... complainant's track , and the land necessary for operating its road , could not maintain ejectment . If the company is not a trespasser and cannot be ousted by ejectment , and an injunction would not issue , it has a right of property ...
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Common terms and phrases
act of congress action alleged assignee authority Bank of Montreal Barnesville bill of review Bissell bond cause Cerro Gordo county certificates circuit court citizens of different claim Colorado Springs commissioners complainant construction contract corporation counsel court martial court of equity creditors debts decree defendant demurrer discovery shaft district court District Judge duty equity evidence executed fact federal courts filed Foss fraud held Indian interest Iowa issued judgment jurisdiction jury Labette County land levy liable lien Marion County MCCRARY ment Milwaukee & St Mining Missouri Missouri River mortgage motion National Bank Nebraska necessary negligence Northern Pacific Northern Pacific Railroad notice officers owner patent payment persons petition plaintiff possession precinct proceedings purchase purpose question Railroad Company Railway Company record recover removal Roudebush rule statute stockholders suit supreme court taxes thereof tion treaty United vein or lode vendee 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.