Jurisdiction and Procedure of the Federal CourtsM. Bender, 1922 - 790 páginas |
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Página 9
... writ of error , the appellant or plaintiff in error must affirmatively show upon the face of the record or by his bill of exceptions that error has been committed . The presumption is that whatever jurisdiction was taken and whatever ...
... writ of error , the appellant or plaintiff in error must affirmatively show upon the face of the record or by his bill of exceptions that error has been committed . The presumption is that whatever jurisdiction was taken and whatever ...
Página 14
... writ of error , to satisfy itself that upon the face 15. Dred Scott v . Sanford , 19 How . 401 ; 15 L. Ed . 691 . of the record facts appear giving it jurisdiction . If 14 FEDERAL JURISDICTION AND PROCEDURE .
... writ of error , to satisfy itself that upon the face 15. Dred Scott v . Sanford , 19 How . 401 ; 15 L. Ed . 691 . of the record facts appear giving it jurisdiction . If 14 FEDERAL JURISDICTION AND PROCEDURE .
Página 16
... writ of error the record does not affirmatively show that the Court of first instance had jurisdiction , the 18. Fahey vs. Mottu , 67 Md . 252 ; 10 Atl . 68 . 19. Cooley Constitutional Limitations , p . 585 , note 2 ; Argument of ...
... writ of error the record does not affirmatively show that the Court of first instance had jurisdiction , the 18. Fahey vs. Mottu , 67 Md . 252 ; 10 Atl . 68 . 19. Cooley Constitutional Limitations , p . 585 , note 2 ; Argument of ...
Página 17
... writ of error sued out goes by without action , the judgment or decree . is presumed to be valid and binding to the same extent as under like circumstances that of a State Court of analogous rank would be . If an appeal has been taken or a ...
... writ of error sued out goes by without action , the judgment or decree . is presumed to be valid and binding to the same extent as under like circumstances that of a State Court of analogous rank would be . If an appeal has been taken or a ...
Página 82
... writ of error from their judgment or decree . In earlier years it was not un- usual for them to do so . Now they seldom sit below at all . In our day when Circuit and District Judges have been promoted to the Supreme Bench they usually ...
... writ of error from their judgment or decree . In earlier years it was not un- usual for them to do so . Now they seldom sit below at all . In our day when Circuit and District Judges have been promoted to the Supreme Bench they usually ...
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Términos y frases comunes
38 Stat action admiralty alleged amend amount in controversy application appointed arising assignment authority Bank bill bond cause certified certiorari Chief Justice chose in action Circuit Court circuit judge citizens of different civil clerk common law Congress Constitution corporation County Court of Appeals Court of Claims Court of Equity Cranch criminal decision defendant determine diction District Court district judge diverse citizenship diversity of citizenship duty enforce equity exercise fact Federal Courts Federal question filed final Government grant habeas corpus hearing indictment injunction issue judgment or decree Judicial Code jurisdic jury litigation marshal Maryland matter ment offense original jurisdiction party pending person plaintiff plead proceedings prosecution punishment record residence rule statute sued suit is brought Supreme Court taken therein thereof tion treaty trial tribunals trict U. S. Comp United States Court unless validity Virginia writ of error
Pasajes populares
Página 168 - 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 626 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as , according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States.
Página 96 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Página 385 - States, or is committed for trial before some court thereof; or is in custody for an act done or omitted in pursuance of a law of the United States, or of an order, process or decree of a court or judge thereof; or is in custody in violation of the Constitution or of a law or treaty of the United States...
Página 447 - In the ordinary use of language it will hardly be contended that the decisions of courts constitute laws. They are at most only evidence of what the laws are ; and are not of themselves laws.
Página 594 - Claims, of all claims not exceeding ten thousand dollars founded upon the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...
Página 30 - And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors or other public ministers, or in which a consul or vice-consul shall be a party.
Página 566 - 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...
Página 483 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had...
Página 108 - Constitution was adopted, was most certainly intended and referred to when it was declared in that instrument that the judicial power of the United States shall extend 'to all cases of admiralty and maritime jurisdiction...