The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Volume 39-40West Publishing Company, 1889 Includes cases argued and determined in the District Courts of the United States and, Mar./May 1880-Oct./Nov. 1912, the Circuit Courts of the United States; Sept./Dec. 1891-Sept./Nov. 1924, the Circuit Courts of Appeals of the United States; Aug./Oct. 1911-Jan./Feb. 1914, the Commerce Court of the United States; Sept./Oct. 1919-Sept./Nov. 1924, the Court of Appeals of the District of Columbia. |
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Halaman 1
... filed in the state court , relates back to the time when the original petition was filed , and is in time if that was . 8. SAME . The federal court not having obtained jurisdiction , its order remanding the cause is no bar to a ...
... filed in the state court , relates back to the time when the original petition was filed , and is in time if that was . 8. SAME . The federal court not having obtained jurisdiction , its order remanding the cause is no bar to a ...
Halaman 2
... filed in the state court , to be amended here ? ( 3 ) Should the court al- low the transcript now tendered to be filed , and proceed with the cause here ? The court decided that the transcript which was heretofore filed did not give it ...
... filed in the state court , to be amended here ? ( 3 ) Should the court al- low the transcript now tendered to be filed , and proceed with the cause here ? The court decided that the transcript which was heretofore filed did not give it ...
Halaman 3
... filed there , and by means of a certiorari , but it has not so enacted . Congress has provided this mode of removal from the state courts when the ground for removal is local prejudice or influence , but in all other cases it re- quires ...
... filed there , and by means of a certiorari , but it has not so enacted . Congress has provided this mode of removal from the state courts when the ground for removal is local prejudice or influence , but in all other cases it re- quires ...
Halaman 4
... filed , if true , are not sufficient to transfer the case from the state court , then the federal court never had jurisdic- tion , and of course cannot take jurisdiction for the purpose of allowing an amendment . In Carson v . Dunham ...
... filed , if true , are not sufficient to transfer the case from the state court , then the federal court never had jurisdic- tion , and of course cannot take jurisdiction for the purpose of allowing an amendment . In Carson v . Dunham ...
Halaman 5
... filed , whether sufficient or insufficient on its face , the state court ceases to have jurisdiction and the jurisdiction of the federal court attaches , without regard to the allegations of the petition . It follows from what has been ...
... filed , whether sufficient or insufficient on its face , the state court ceases to have jurisdiction and the jurisdiction of the federal court attaches , without regard to the allegations of the petition . It follows from what has been ...
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action agent alleged amended amount appears authority bill bill of lading bond cargo cause certificate charge charter-party Circuit Court claim collision commerce complainant complainant's congress construction contract corporation court of equity creditors damages debt decree defendant defendant's demurrage demurrer device district court duty Elkhart entitled equity evidence fact Fidelity Bank filed Floride Calhoun fraud Gevalia grant held indictment indorsement infringement injury invention issued judge judgment jurisdiction jury Justice land letters patent liable libelant lien manufacture master ment Moog mortgage motion National Bank navigation negligence owner paid parties patent payment person petition plaintiff plea port proceedings proof purchase question railroad company received recover rule Santa Ana River schooner ship Southern Pacific Railroad statute steamer suit supreme court testimony thereof tion trust United vessel
Bagian yang populer
Halaman 710 - And 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 306 - Nothing herein shall prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assessing taxes imposed by authority of the State within which the association is located...
Halaman 57 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby...
Halaman 443 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Halaman 57 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Halaman 296 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Halaman 156 - States, it shall appear to the satisfaction of snid circuit court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court...
Halaman 365 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Halaman 296 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Halaman 758 - Act, which is similar, either in material, quality, texture, or the use to which it may be applied, to any article enumerated in this Act as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any of the particulars before mentioned...