The Federal Reporter, Volume 39West 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
... CAUSES - CITIZENSHIP - PETITION - AMENDMENT . Where neither the petition for removal of a cause from state to federal court on the ground of diverse citizenship , under the removal act of March . 1887 , nor the record , shows that ...
... CAUSES - CITIZENSHIP - PETITION - AMENDMENT . Where neither the petition for removal of a cause from state to federal court on the ground of diverse citizenship , under the removal act of March . 1887 , nor the record , shows that ...
Halaman 2
... cause , he filed a copy of said order in the common pleas court of Knox county , and then filed in said court an amended petition for the removal of the cause to this court , in which he corrected the omissions of the first petition ...
... cause , he filed a copy of said order in the common pleas court of Knox county , and then filed in said court an amended petition for the removal of the cause to this court , in which he corrected the omissions of the first petition ...
Halaman 3
... cause of Freeman v . But- ler brought in the state court , because the facts which were necessary to give it jurisdiction were not in the record . The question of jurisdiction in such cases arises between the state and federal courts ...
... cause of Freeman v . But- ler brought in the state court , because the facts which were necessary to give it jurisdiction were not in the record . The question of jurisdiction in such cases arises between the state and federal courts ...
Halaman 6
... cause of action in which the necessary allegations are made . The supreme court has , in Railroad Co. v . McLean , declared that if a case has been removed from the state court , and the jurisdic- tion is in the circuit court , an order ...
... cause of action in which the necessary allegations are made . The supreme court has , in Railroad Co. v . McLean , declared that if a case has been removed from the state court , and the jurisdic- tion is in the circuit court , an order ...
Halaman 7
... cause , the order to that effect not being superseded , the state court was reinvested with jurisdiction , which ... causes . " It will be seen by a reference to the facts of this case that the removal from the state court was complete ...
... cause , the order to that effect not being superseded , the state court was reinvested with jurisdiction , which ... causes . " It will be seen by a reference to the facts of this case that the removal from the state court was complete ...
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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 Gevalia grant held indictment indorsement infringement injury invention issued judge judgment jurisdiction jury Justice land letters patent liable libelant lien machine master ment Moog mortgage motion National Bank navigation negligence opinion 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 57 - 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 for any service rendered, or to be rendered, in the transportation of passengers or property...
Halaman 160 - ... that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and...
Halaman 290 - ... 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 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 prohibited...
Halaman 300 - 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 258 - The inquiry must, therefore, always be whether there was any intermediate cause disconnected from the primary fault, and self-operating, which produced the injury.
Halaman 310 - But congress was not entirely silent, and provided, in section 5219 of the Revised Statutes of the United States, that nothing in its legislation respecting the national banks should be construed to "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 300 - 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 716 - ... may at any time permit either of the parties to amend any defect in the process or pleadings, upon such conditions as it shall, in its discretion and by its rules, prescribe.
Halaman 343 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.