Cases Argued and Determined in the Circuit Courts of the United States for the Fifth Judicial Circuit, Volumen2Callaghan, 1876 |
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Página 1
... jurisdiction . 3. Semble , that a suit against partners may be brought in a federal court al- though some of them may not be found within the jurisdiction of the court . NOTE . By a late statute absent defendants may be cited by an ...
... jurisdiction . 3. Semble , that a suit against partners may be brought in a federal court al- though some of them may not be found within the jurisdiction of the court . NOTE . By a late statute absent defendants may be cited by an ...
Página 6
... jurisdiction , is not sufficient . That consequence cannot make it regular to proceed without them . That only proves that this court is not the proper tribunal to settle the contro- versy . If it be once settled that the other partners ...
... jurisdiction , is not sufficient . That consequence cannot make it regular to proceed without them . That only proves that this court is not the proper tribunal to settle the contro- versy . If it be once settled that the other partners ...
Página 18
... jurisdiction to enforce the same contract on the pretext that there is no remedy at law . Suits in both forums against a state are prohibited . It is evident , therefore , that should this bill come on for final hearing , the decree ...
... jurisdiction to enforce the same contract on the pretext that there is no remedy at law . Suits in both forums against a state are prohibited . It is evident , therefore , that should this bill come on for final hearing , the decree ...
Página 32
... jurisdiction with the courts of the United States , in suits against any association under the act , inasmuch as this is not a suit against the association . It is simply a suit against the receiver , for not surrendering property ...
... jurisdiction with the courts of the United States , in suits against any association under the act , inasmuch as this is not a suit against the association . It is simply a suit against the receiver , for not surrendering property ...
Página 40
... jurisdiction of his person . It is next objected to the validity of the record and proceed- ings in the sixth district court , that the court had no jurisdiction to order a sale of the property in question , because it was “ aban- doned ...
... jurisdiction of his person . It is next objected to the validity of the record and proceed- ings in the sixth district court , that the court had no jurisdiction to order a sale of the property in question , because it was “ aban- doned ...
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according action alleged allowed amount answer appear applied appointed Assignee authority bank bankrupt bankruptcy bill bonds brought cause cent charge Circuit citizen claim collected complainant constitution construction contract corporation court creditors debt decree deed defendant district duties effect entitled equity evidence execution fact filed follows fund further give given ground hands held holders indorsement injunction Insurance interest issued John Judge judgment jurisdiction land legislature levy libel lien Louisiana March master means Messrs Mobile mortgage necessary notice object officers Orleans paid parties passed payment person petition plaintiff possession present principal proceedings proceeds purchase question Railroad Company receiver record removal road rule says secure statute suit supreme court Texas tion transfer trust United unless void Wall WOODS
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Página 124 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Página 345 - THAT whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances...
Página 173 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...
Página 343 - States to make and enforce contracts; to sue, be parties, and give evidence ; to inherit, purchase, lease, sell, hold, and convey real and personal property ; and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, and penalties, and to none other, any law, statute ordinance, regulation, or custom, to the contrary notwithstanding.
Página 19 - Bonds," and the faith and credit of this state are hereby pledged for the payment of the interest and the redemption of the principal thereof.
Página 438 - But no person shall be arrested in one district for trial in another, in any civil action before a Circuit or District Court. 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 341 - That all persons within the jurisdiction of the United States shall have the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and none other, any law, statute, ordinance, regulation or...
Página 116 - States, he or they may make and file a petition in such suit in such state court before or at the term at which said cause could be first tried, and before the trial thereof...
Página 427 - Every person who, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Página 580 - When a creditor has a mortgage or pledge of real or personal property of the bankrupt, or a lien thereon for securing the payment of a debt owing to him from the bankrupt, he shall be admitted as a creditor only for the balance of the debt after deducting the value of such property, to be ascertained by agreement between him and the assignee, or by a sale thereof, to be made in such manner as the court shall direct...