Reports of Cases Adjudged in the Court of Appeals of the District of Columbia, Volumen2M. Curlander, 1894 |
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Términos y frases comunes
73d rule act of Congress administrator affiant affidavit affirmed agent alizarin alleged appeal appellee application assignment assumpsit attachment authority Bank bill cause of action city of Washington claim Commissioner of Patents common law complainant contract conveyance corporation court of equity creditors debt debtor decedent decision declaration decree deed of trust defendant delivered the opinion demurrer dismissed District of Columbia duty entitled evidence execution executor fact fee simple filed fraud ground held Hewett Hildreth interest issue judgment jurisdiction jury Justice lien Maryland ment Morrison motion non-resident paid parties payment person Pitney & Bradford plaintiff plea plead Prince George's county proceedings Prospect Hill Cemetery Pullman Company question real estate record refusal residence sell specific Stat statement statute of limitations Submitted sufficient suit Supreme Court term thereof tion trade-mark trial wife William H writ
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Página 282 - Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience.
Página 165 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law, and where that law ceases to operate and is no longer obligatory the corporation can have no existence. It must dwell in the place of its creation and can not migrate to another sovereignty.
Página 240 - ... which so nearly resemble a registered or known trademark owned and in use by another, and appropriated to merchandise of the same descriptive properties, as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers...
Página 177 - Although the defendant's negligence may have been the primary cause of the Injury complained of, yet an action for such injury cannot be maintained If the proximate and Immediate cause of the Injury can be traced to the want of ordinary care and caution In the person Injured, subject to this qualification, which has grown up In recent years [having been first enunciated in Davies v.
Página 166 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Página 340 - Resolved, 6. That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances.
Página 178 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Página 53 - ... are entitled to place themselves in the same situation as the parties who made the contract, so as to view the circumstances as they viewed them, and so to judge of the meaning of the words, and of the correct application of the language to the things described.
Página 532 - It shall be the duty of the Secretary of War, of the Secretary of the...
Página 108 - If the defendant appears the cause becomes mainly a suit in personam, with the added incident, that the property attached remains liable, under the control of the court, to answer to any demand which may be established against the defendant by the final judgment of the court.