The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Bände 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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Seite 159
... parties . Upon the representation of respondents ' counsel that they desired to amend their answer , and by consent of counsel for complainant , the matter was postponed until March 6th , at which time the respective parties appeared ...
... parties . Upon the representation of respondents ' counsel that they desired to amend their answer , and by consent of counsel for complainant , the matter was postponed until March 6th , at which time the respective parties appeared ...
Seite 160
... parties complainant or defendant ; and that it is not in the bill made to appear that such other persons , or any of them , were requested to and refused to join with com- plainant in bringing the suit ; and that the suit does not ...
... parties complainant or defendant ; and that it is not in the bill made to appear that such other persons , or any of them , were requested to and refused to join with com- plainant in bringing the suit ; and that the suit does not ...
Seite 161
... parties to inter- pose pleas out of the regular and established order of proceedings . If the plea in question was properly filed , it might with equal propriety have been withheld until all of the testimony should be taken and then put ...
... parties to inter- pose pleas out of the regular and established order of proceedings . If the plea in question was properly filed , it might with equal propriety have been withheld until all of the testimony should be taken and then put ...
Seite 213
... parties when the contract was made . But for the contract there could be no claim for damages . The legal duty of the respondent to tow and safely care for the raft grew out of the contract , and out of the contract alone . He did The ...
... parties when the contract was made . But for the contract there could be no claim for damages . The legal duty of the respondent to tow and safely care for the raft grew out of the contract , and out of the contract alone . He did The ...
Seite 227
... parties shall require . The answer of this company shows the questions that will arise under this branch of the one controversy , but it does not create another controversy . The remedy which Huntington seeks requires the presence of ...
... parties shall require . The answer of this company shows the questions that will arise under this branch of the one controversy , but it does not create another controversy . The remedy which Huntington seeks requires the presence of ...
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Seite 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...
Seite 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...
Seite 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...
Seite 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.
Seite 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...
Seite 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.
Seite 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...
Seite 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...
Seite 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...
Seite 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...