United States Supreme Court Reports, Volume 40
Lawyers Co-operative Publishing Company, 1901
First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose.
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action affirmed alleged amount answer appeal applied authority bave bill brought cause certificate charge circuit court citizens City claim competent Congress Constitution construction contract corporation decided decision decree deed defendant direction Dismissed district duty effect entered entitled error evidence executed fact filed follows foreign further give given grant ground held indictment intended interest issued judge judgment jurisdiction jury Justice land limits March matter ment object operation opinion original paid parties passed patent payment person plaintiff possession present proceedings question railroad company railway reason received record reference rendered respect road rule Stat statement statute suit supreme court taken tbat telegraph term territory testimony tion trial United wbich wire witness writ
Halaman 358 - An act [to amend an act entitled an act] to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Halaman 218 - In the said territories, property of every kind, now belonging to Mexicans not established there, shall be inviolably respected. The present owners, the heirs of these, and all Mexicans who may hereafter acquire said property by contract, shall enjoy with respect to it guaranties equally ample as if the same belonged to citizens of the United States.
Halaman 278 - When a given state of facts is such that reasonable men may fairly differ upon the question as to whether there was negligence or not, the determination of the matter is for the jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Halaman 441 - The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property. But if the plaintiff had actual prior possession of the . land, this is strong enough to enable him to- recover it from a mere trespasser, who entered without any title.
Halaman 443 - Whoever, 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...
Halaman 307 - ... said boat, vessel, scow, raft, or other craft may be proceeded against summarily by way of libel in any district court of the United States having jurisdiction thereof.
Halaman 218 - It may not be unworthy of remark that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated ; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated and private rights annulled.
Halaman 403 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Halaman 404 - 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...