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 76–ի 1-ից 5-ը:
Էջ 9
... appellate jurisdiction conferred by the Constitution . But let us see what is the argument of the court in favor of this implication . We give their opinion entire . · United States v . Plumer . Marshall , C. OCTOBER TERM , 1859 . 9.
... appellate jurisdiction conferred by the Constitution . But let us see what is the argument of the court in favor of this implication . We give their opinion entire . · United States v . Plumer . Marshall , C. OCTOBER TERM , 1859 . 9.
Էջ 27
... gives those courts original cognizance , concurrent with the courts of the several States , of suits of a civil ... give any countenance whatever to the theory that a writ of error under any circumstances will lie in a criminal case ...
... gives those courts original cognizance , concurrent with the courts of the several States , of suits of a civil ... give any countenance whatever to the theory that a writ of error under any circumstances will lie in a criminal case ...
Էջ 48
... give . - The criminal law always , in its worst days , had its theoretical and even its real offsets of benefits and privileges , which were se- cured to the victim as an inheritance . These have always made up the forms of the criminal ...
... give . - The criminal law always , in its worst days , had its theoretical and even its real offsets of benefits and privileges , which were se- cured to the victim as an inheritance . These have always made up the forms of the criminal ...
Էջ 51
... give way to them . Mr. Heard followed upon the same side . Most of his propo- sitions are stated in the preceding case , and he supported them by the authorities there referred to , and many others to the same effect . Mr. Butler then ...
... give way to them . Mr. Heard followed upon the same side . Most of his propo- sitions are stated in the preceding case , and he supported them by the authorities there referred to , and many others to the same effect . Mr. Butler then ...
Էջ 74
... give way to the latter ? There is no repugnancy whatever , when we look at the inten- tion of Congress and the spirit of their legislation . In 1861 , Congress made a radical change in the spirit of its legislation as to the collection ...
... give way to the latter ? There is no repugnancy whatever , when we look at the inten- tion of Congress and the spirit of their legislation . In 1861 , Congress made a radical change in the spirit of its legislation as to the collection ...
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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.