Cases and Readings on the Jurisdiction and Procedure of the Federal CourtsW.H. Anderson Company, 1917 - 892 páginas |
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Página 17
... dismissed , and appeal was taken . CATRON , Justice , delivered the opinion of the court : The legislature having declared that he who has the legal and equitable title , and the possession , may treat the adverse claimant as a trustee ...
... dismissed , and appeal was taken . CATRON , Justice , delivered the opinion of the court : The legislature having declared that he who has the legal and equitable title , and the possession , may treat the adverse claimant as a trustee ...
Página 23
... dismissed the bill . From this decree the case is brought here on appeal . It does not appear from the record in what particulars it was contended in the court below that the bill is defective , that is , in what respect it fails to ...
... dismissed the bill . From this decree the case is brought here on appeal . It does not appear from the record in what particulars it was contended in the court below that the bill is defective , that is , in what respect it fails to ...
Página 31
... dismissing the bills of plaintiffs for want of jurisdiction . To reverse this decree of dismissal , appellants have brought their appeal to this court . MR . JUSTICE BREWER , after stating the case , delivered the opinion of the court ...
... dismissing the bills of plaintiffs for want of jurisdiction . To reverse this decree of dismissal , appellants have brought their appeal to this court . MR . JUSTICE BREWER , after stating the case , delivered the opinion of the court ...
Página 32
... dismissed . " We are unable to concur in these views . It is well - settled that the jurisdiction of the federal courts , sitting as courts of equity , is neither enlarged nor diminished by state legisla- tion . Though by it all ...
... dismissed . " We are unable to concur in these views . It is well - settled that the jurisdiction of the federal courts , sitting as courts of equity , is neither enlarged nor diminished by state legisla- tion . Though by it all ...
Página 34
... dismissed , and the parties remitted to the court below to litigate their controversies in a court of law . Usually , where a case is not cognizable in a court of equity , the objection is interposed in the first instance , but if a ...
... dismissed , and the parties remitted to the court below to litigate their controversies in a court of law . Usually , where a case is not cognizable in a court of equity , the objection is interposed in the first instance , but if a ...
Otras ediciones - Ver todas
Cases and Readings on the Jurisdiction and Procedure of the Federal Courts ... George W. Rightmire Sin vista previa disponible - 2017 |
Cases and Readings on the Jurisdiction and Procedure of the Federal Courts George Washington Rightmire Sin vista previa disponible - 2015 |
Cases and Readings on the Jurisdiction and Procedure of the Federal Courts George Washington Rightmire Sin vista previa disponible - 2015 |
Términos y frases comunes
act of congress Act of March affirmed aforesaid alleged amendment appellate jurisdiction application arising assignment attorney authority averred bill bond brought cause of action certified certiorari Chief Justice circuit court citizens of different citizenship civil claim clause cognizance commenced common law complainant constitution and laws constitution or laws construction controversy corporation court of appeals court of equity decision declaration decree delivered the opinion demurrer determined diction dismissed district court diversity of citizenship dollars enforce exclusive execution exercise fact federal courts filed final judgment grant ground habeas corpus held issue judge judicial power Judiciary Act jury Kansas ment motion Ohio original jurisdiction parties person petition plaintiff in error pleadings principles proceedings prosecuted purpose Railway Company record remanded removal rendered respect rule Section Stat statute sued suit supreme court therein thereof tion treaties trial tribunals United writ of error York
Pasajes populares
Página 526 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Página 468 - Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Página 683 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Página 850 - ... 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...
Página 323 - No district court shall have cognizance of any suit (except upon foreign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover upon said note or other chose in action if no assignment had been made...
Página 541 - It is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent. This is the general sense, and the general practice of mankind ; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union.
Página 263 - The said States hereby severally enter into a firm league of friendship with each other, for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them, or any of them, on account of religion, sovereignty, trade or any other pretence whatever...
Página 555 - In all cases in which a State is a party, the Supreme Court has original jurisdiction. The thirteenth section of the judiciary act of 1789, provided that "the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature where a State is a party except between a State and its citizens and except also between a State and citizens of other States or aliens, in which latter case it shall have original but not exclusive jurisdiction...
Página 874 - Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another...
Página 874 - All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except when otherwise provided in this title.