United States Reports, Supreme Court: Cases Argued and Adjudged in the Supreme Court of the United States, Volumen92Banks Law Publishing, 1904 |
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Página 9
... valid defence ; and , as the defendant could not make any defence by his proof different from that set out in his pleading , the court below very properly refused to hear any testimony in support of the answer . This makes it ...
... valid defence ; and , as the defendant could not make any defence by his proof different from that set out in his pleading , the court below very properly refused to hear any testimony in support of the answer . This makes it ...
Página 15
... validity of the will be disputed . When the will is proved , the original must be deposited in the registry of the ordinary . " 2 Bl . Com . 508. " The prerogative court is estal lished for the trial of all testamentary causes where the ...
... validity of the will be disputed . When the will is proved , the original must be deposited in the registry of the ordinary . " 2 Bl . Com . 508. " The prerogative court is estal lished for the trial of all testamentary causes where the ...
Página 17
... validity ; and no useful purpose would be subserved by an examination of the merits of the defence , upon the supposition that the State court right- fully retained its original jurisdiction . The action is in form to annul the alleged ...
... validity ; and no useful purpose would be subserved by an examination of the merits of the defence , upon the supposition that the State court right- fully retained its original jurisdiction . The action is in form to annul the alleged ...
Página 22
... validity or con- struction of a will , or the enforcement of a decree admitting it to probate , there is no more reason why the Federal courts should not take jurisdiction of the case than there is that they should not take jurisdiction ...
... validity or con- struction of a will , or the enforcement of a decree admitting it to probate , there is no more reason why the Federal courts should not take jurisdiction of the case than there is that they should not take jurisdiction ...
Página 25
... validity of a will may not often come in question , and require adjudication in both a court of law and a court of equity . It does come in question fre- quently . Devisavit vel non is an issue frequently made at law , and directed in ...
... validity of a will may not often come in question , and require adjudication in both a court of law and a court of equity . It does come in question fre- quently . Devisavit vel non is an issue frequently made at law , and directed in ...
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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.