Reports of Cases Argued and Determined in the Circuit Court of the United States for the Second Circuit, Volumen18Derby and Miller, 1882 - 24 páginas |
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Página 11
... says : " The con- struction given to a statute of a State by the highest judicial tribunal of such State is regarded as a part of the statute , and is as binding upon the Courts of the United States as the text . If the highest tribunal ...
... says : " The con- struction given to a statute of a State by the highest judicial tribunal of such State is regarded as a part of the statute , and is as binding upon the Courts of the United States as the text . If the highest tribunal ...
Página 16
... says : " It would be unjust to the memory of the distinguished men who framed it , to suppose that it was designed to protect a mere barren and abstract right , without any practical oper- ation upon the business of life . It was ...
... says : " It would be unjust to the memory of the distinguished men who framed it , to suppose that it was designed to protect a mere barren and abstract right , without any practical oper- ation upon the business of life . It was ...
Página 18
... says : " A State cannot deprive a person of his property without due process of law ; but this does not necessarily imply that all trials in the State Courts , affecting the property of persons , must be by jury . This requirement of ...
... says : " A State cannot deprive a person of his property without due process of law ; but this does not necessarily imply that all trials in the State Courts , affecting the property of persons , must be by jury . This requirement of ...
Página 19
... says : " There is here no provision for a technical ' citation , ' so called ; but there is , in effect , provision ... say : " From this it appears , that ample provision has been made for the trial of the contestation be- fore a Court ...
... says : " There is here no provision for a technical ' citation , ' so called ; but there is , in effect , provision ... say : " From this it appears , that ample provision has been made for the trial of the contestation be- fore a Court ...
Página 20
... says : " What was the object of those restric- tions ? It could not have been to protect the citizen from his own acts , for , it would then have operated as a restraint upon his rights . It must have been against the acts of others ...
... says : " What was the object of those restric- tions ? It could not have been to protect the citizen from his own acts , for , it would then have operated as a restraint upon his rights . It must have been against the acts of others ...
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Página 226 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Página 410 - Act, but the repeal of existing laws or modifications thereof embraced in this Act shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before...
Página 288 - No pleading of a party, nor any discovery or evidence obtained from a party or witness by means of a Judicial proceeding in this or any foreign country, shall be given In evidence, or in any manner used against him or his property or estate, in any court of the United States, In any criminal proceeding, or for the enforcement of any penalty or forfeiture: provided, that this section shall not exempt any party or witness from prosecution and punishment for perjury committed in discovering or testifying...
Página 30 - The police of a state, in a comprehensive sense, embraces its whole system of internal regulation, by which the state seeks not only to preserve the public order and to prevent offenses against the state, but also to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own, so far as is reasonably consistent with...
Página 535 - Every patent so reissued, together with the corrected specification, shall have the same effect and operation in law, on the trial of all actions for causes thereafter arising, as if the same had been originally filed in such corrected form...
Página 410 - The repeal of the several acts embraced in said revision, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal, but all rights and liabilities under said acts shall continue, and may be enforced in the same manner, as if said repeal had not been made...
Página 483 - ... 24. Bank shares, how assessed. In assessing the shares of stock of banks or banking associations organized under the authority of this state or the United States, the assessment and taxation shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of individual citizens of this state.
Página 197 - ... that there was probable cause for the act done by the collector or other officer, or that he acted under the directions of the Secretary of the Treasury, or other proper officer of the Government, no execution shall issue against such collector or other officer, but the amount so recovered shall, upon final judgment, be provided for and paid out of the proper appropriation from the Treasury.
Página 456 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Página 455 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...