Reports of Cases Argued and Determined in the Circuit Court of the United States, for the Second Circuit, Comprising the Districts of New York, Connecticut, and Vermont, المجلد 1R. Donaldson, 1827 |
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الصفحة 58
... error were not previously neces- sary to enable the plaintiff to recover the premises in ques- tion ; or in other words , whether the judgment were merely erroneous , that is , good and valid , until reversed , or void and a nullity ab ...
... error were not previously neces- sary to enable the plaintiff to recover the premises in ques- tion ; or in other words , whether the judgment were merely erroneous , that is , good and valid , until reversed , or void and a nullity ab ...
الصفحة 157
... error to the District Court of this district , on exceptions taken at the trial of the cause by the counsel for the plaintiff in error . The first objection to a recovery , by the defendants in error , was an alleged variance between ...
... error to the District Court of this district , on exceptions taken at the trial of the cause by the counsel for the plaintiff in error . The first objection to a recovery , by the defendants in error , was an alleged variance between ...
الصفحة 161
... case , they might sue in their own name , it would not be very easy to endorse it to any other person , by which its negotiability would be alto- gether interrupted . It is next said by the counsel of the plaintiff in error , that ad ...
... case , they might sue in their own name , it would not be very easy to endorse it to any other person , by which its negotiability would be alto- gether interrupted . It is next said by the counsel of the plaintiff in error , that ad ...
الصفحة 163
... plaintiff in er- ror had notice on the 22d day of May following , after a lapse of a period of upwards of five ... error SEPTEMBER TERM , 1820 . 163.
... plaintiff in er- ror had notice on the 22d day of May following , after a lapse of a period of upwards of five ... error SEPTEMBER TERM , 1820 . 163.
الصفحة 165
... plaintiff in error . But without laying any great stress on these decisions , it is admit- ted , that in this case a right of action ensued , on notice of the protest for non - acceptance . And the action was accordingly commenced ...
... plaintiff in error . But without laying any great stress on these decisions , it is admit- ted , that in this case a right of action ensued , on notice of the protest for non - acceptance . And the action was accordingly commenced ...
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عبارات ومصطلحات مألوفة
act of Congress action Admiralty admitted aforesaid alleged appear appellants apply assignment authority Benjamin W bond bottomry brig Caen cargo cause cents Circuit Court claim claimant Collector common law complainant constitution contract Court of Equity creditors debt debtor declaration decree defendant discharge District Court District of Maine dollars Donald Fisher duties entitled equity evidence execution fact favour forfeited forfeiture freight George D'Wolf Gilbert Stuart Hopkins insolvent intention invoice Jackson ex Jacob Barker John Mott judgment jurisdiction jury land legislature liable libel lien LIVINGSTON master ment Mott and Williams objection officers opinion owner paid party patent payment penalty person plaintiff in error plaintiffs port possession present proceed proceedings prosecution provisions question reason received rule seizure Sheriff ship Smedes statute suit supercargo Supreme Court sureties taken teas testimony thereof Thomas Morris tion Treasury trial United verdict vessel Vintroux voyage
مقاطع مشهورة
الصفحة 42 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
الصفحة 428 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
الصفحة 58 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
الصفحة 447 - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity...
الصفحة 398 - That the Circuit Courts of the United States 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, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
الصفحة 700 - ... shall also have exclusive original cognizance of all seizures on .land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States.
الصفحة 564 - We receive the construction given by the courts of the nation as the true sense of the law, and feel ourselves no more at liberty to depart from that construction than to depart from the words of the statute. On this principle, the construction given by this court to the constitution and laws of the United States is received by all as the true construction ; and on the same principle, the construction given by the courts of the several States to the legislative acts of those States, is received as...
الصفحة 211 - An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes...
الصفحة 649 - States declares that congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory and other property belonging to the United States.
الصفحة 13 - Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New...