Reports of Cases Determined in the Circuit Court of the United States for the First Circuit, from April Term, 1858, to [May Term, 1878] ... by Hon. Nathan Clifford ... William Henry Clifford ... Reporter ...Little, Brown,, 1878 |
From inside the book
Արդյունքներ 83–ի 1-ից 5-ը:
Էջ 16
... authority for such an implication . MR . HEARD'S ARGUMENT . Mr. Heard followed upon the errors assigned , and commenced upon the thirteenth error , as follows : " 13. That it does not appear that the verdict of said jury was rendered in ...
... authority for such an implication . MR . HEARD'S ARGUMENT . Mr. Heard followed upon the errors assigned , and commenced upon the thirteenth error , as follows : " 13. That it does not appear that the verdict of said jury was rendered in ...
Էջ 17
... authority was found for this point at common law . Eleventh error . " That the verdict is repugnant to the general averment and clause in the indictment giving the court jurisdic- tion . " The clause referred to is made up of the last ...
... authority was found for this point at common law . Eleventh error . " That the verdict is repugnant to the general averment and clause in the indictment giving the court jurisdic- tion . " The clause referred to is made up of the last ...
Էջ 19
... authorities in support of this al- legation of error . By the present tense the whole proceedings were recorded as they came up . The fifth assignment was , " That in and by said record it nowhere appears that Plumer was permitted to be ...
... authorities in support of this al- legation of error . By the present tense the whole proceedings were recorded as they came up . The fifth assignment was , " That in and by said record it nowhere appears that Plumer was permitted to be ...
Էջ 23
... Authority to grant writs of error to the Circuit Courts to re- move criminal cases into the Supreme Court for re - examination in matters of law , might undoubtedly be vested in the justices of the Supreme Court , but the insuperable ...
... Authority to grant writs of error to the Circuit Courts to re- move criminal cases into the Supreme Court for re - examination in matters of law , might undoubtedly be vested in the justices of the Supreme Court , but the insuperable ...
Էջ 24
... authority , and to all the other cases and controversies therein enumerated , subject of course to the rule of construction and the limitation in the eleventh article of the Amendments . Obviously , the words " all cases in law " are ...
... authority , and to all the other cases and controversies therein enumerated , subject of course to the rule of construction and the limitation in the eleventh article of the Amendments . Obviously , the words " all cases in law " are ...
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Common terms and phrases
action admitted aforesaid agreed alleged allowed amount answer appears application assignee authority Bank bankrupt bankruptcy bill called cause charge charterers Circuit Court claim clear complainant Congress Constitution contained contract corporation court decision decree defendant described discharge District District Court duty effect entitled equity error et al evidence examined exceptions express fact filed give given granted held imported improvement income indictment insured invention inventor issue judge judgment jurisdiction jury Large liable master means necessary object opinion original otherwise owners paid parties patent person plaintiff Plumer port present principal proceedings proof proper prove provision purchaser question reasonable received record recover referred respect respondent rule ship spirits Stat statement statute subsequent sufficient suit taken testimony tion trial trustee United unless vessel witness writ
Սիրված հատվածներ
Էջ 13 - 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.
Էջ 344 - It is, we think, a sound principle, that, when a government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character, and takes that of a private citizen.
Էջ 171 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the Opinion of the Court. testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Էջ 99 - ... sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.
Էջ 378 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence. It will always, therefore, be presumed that the legislature intended exceptions to its language, which would avoid results of this character. The reason of the law in such cases should prevail over its letter.
Էջ 24 - That the circuit courts 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...
Էջ 367 - ... upon a decree being rendered in any such case for an infringement the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the complainant has sustained thereby ; and the court shall assess the same or cause the same to be assessed under its direction.
Էջ 376 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Էջ 387 - Constitution is actually contained in an entirely separate document, the Constitution of the United States, which provides in Article VI, section 2, that "This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made. . . under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
Էջ 439 - Provided, That writs of habeas corpus shall in no case extend to prisoners in gaol, unless where they are in custody, under or by color of the authority of the United States, or are committed for trial before some court of the same, or are necessary to be brought into court to testify.