United States Reports, Supreme Court: Cases Argued and Adjudged in the Supreme Court of the United States, Volumen92 |
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Página 5
While these Rules remained in force substantially as originally adopted , and
before any direct action of the court under the special authority of this act of
Congress , the case of Sickles v . Gloucester Co. , 3 Wall . , Jr. , 186 , came before
Mr.
While these Rules remained in force substantially as originally adopted , and
before any direct action of the court under the special authority of this act of
Congress , the case of Sickles v . Gloucester Co. , 3 Wall . , Jr. , 186 , came before
Mr.
Página 10
This is an action in form to annul an alleged will of Daniel Clark , the father of the
plaintiff in error , dated on the 13th of July , 1813 , and to recall the decree of the
court by which it was probated . It was brought in the Second District Court for the
...
This is an action in form to annul an alleged will of Daniel Clark , the father of the
plaintiff in error , dated on the 13th of July , 1813 , and to recall the decree of the
court by which it was probated . It was brought in the Second District Court for the
...
Página 11
... to contest the will and its probate in a direct action , or as a means of defence
by way of answer or exception , whenever the will should be set up as a
muniment of title ; that the plaintiff in error subsequently commenced several suits
against ...
... to contest the will and its probate in a direct action , or as a means of defence
by way of answer or exception , whenever the will should be set up as a
muniment of title ; that the plaintiff in error subsequently commenced several suits
against ...
Página 15
But why , if the will is invalid , has the probate of it rested for twelve years
unrecalled , when express liberty was given by the Supreme Court of Loʻsisiana
for any one interested to contest it in a direct action with the compl : inant ?
But why , if the will is invalid , has the probate of it rested for twelve years
unrecalled , when express liberty was given by the Supreme Court of Loʻsisiana
for any one interested to contest it in a direct action with the compl : inant ?
Página 17
The action is in form to annul the alleged will of 1813 of Daniel Clark , and to
recall the decree by which it was ... the action cannot be treated as properly
instituted for the revocation of the probate , but must be treated as brought
against the ...
The action is in form to annul the alleged will of 1813 of Daniel Clark , and to
recall the decree by which it was ... the action cannot be treated as properly
instituted for the revocation of the probate , but must be treated as brought
against the ...
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Página 23 - And no civil suit shall be brought before either of said courts against an inhabitant of the United States, by any original process in any other district than that whereof he is an inhabitant, or in which he shall be found at the time of serving the writ...
Página 10 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Página 797 - But it has been well settled that, when a plain official duty, requiring no exercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such duty is threatened to be violated by some positive official act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an injunction to prevent it.
Página 249 - A state, in the ordinary sense of the Constitution, is a political community of free citizens, occupying a territory of defined boundaries, and organized under a government sanctioned and limited by a written constitution, and established by the consent of the governed. It is the union of such states, under a common constitution, which forms the distinct and greater political unit, which that Constitution designates as the United States, and makes of the people and states which compose it one people...
Página v - Tunes her nocturnal note : thus with the year Seasons return, but not to me returns Day, or the sweet approach of even or morn, Or sight of vernal bloom, or summer's rose, Or flocks, or herds, or human face divine...
Página 8 - 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.
Página 12 - ... and the said copies being entered as aforesaid, in such court of the United States, the cause shall there proceed in the same manner as if it had been brought there by original process.
Página 748 - That any and all lands heretofore reserved to the United States by any act of Congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement, or...
Página 14 - 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, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Página 703 - October 17, 1919. [NOTE BY THE DEPARTMENT OF STATE. — The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the house of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] (16) [PUBLIC — No.