The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Volumer 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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Side 1
... AMENDMENT . Where neither the petition for removal of a cause from state to federal court on the ground of diverse ... amended petition , filed in the state court , relates back to the time when the original petition was filed , and is ...
... AMENDMENT . Where neither the petition for removal of a cause from state to federal court on the ground of diverse ... amended petition , filed in the state court , relates back to the time when the original petition was filed , and is ...
Side 2
... amended petition for the removal of the cause to this court , in which he corrected the omissions of the first petition , and he now offers to file a complete tran- script of the record in the cause in the state court , including the ...
... amended petition for the removal of the cause to this court , in which he corrected the omissions of the first petition , and he now offers to file a complete tran- script of the record in the cause in the state court , including the ...
Side 4
... amendment of the petition for removal so as to state the facts necessary to give that court jurisdiction . It is ... amended so as to state facts which are necessary to give this court jurisdiction . In the recent case of Cameron v ...
... amendment of the petition for removal so as to state the facts necessary to give that court jurisdiction . It is ... amended so as to state facts which are necessary to give this court jurisdiction . In the recent case of Cameron v ...
Side 5
... amendment to be made , even in the circuit court , by which grounds of jurisdiction may be made to appear which were ... amended petition for removal was properly filed in the state court , and upon the execution of the bond the state ...
... amendment to be made , even in the circuit court , by which grounds of jurisdiction may be made to appear which were ... amended petition for removal was properly filed in the state court , and upon the execution of the bond the state ...
Side 6
... amended petition for the removal of the case to this court . The learned counsel insists that , as the amended petition was not filed until after the answer was due in the state court , it is too late , but the answer to this suggestion ...
... amended petition for the removal of the case to this court . The learned counsel insists that , as the amended petition was not filed until after the answer was due in the state court , it is too late , but the answer to this suggestion ...
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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
Populære avsnitt
Side 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...
Side 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...
Side 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...
Side 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.
Side 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...
Side 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.
Side 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...
Side 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...
Side 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...
Side 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...