A Full and Arranged Digest of the Decisions in Common Law, Equity, and Admiralty, of the Courts of the United States: From the Oganization of the Government in 1789 to 1847, in the Supreme, Circuit, District and Admiralty Courts; Reported in Dallas, Cranch, Wheaton, Peters, and Howard's Supreme Court Reports; in Gallison, Mason, Paine, Peters, Washington, Wallace, Sumner, Story, Baldwin, Brockenbrough, and M'Lean's Circuit Court Reports; and in Bees, Ware, Peters, and Gilpin's District and Admiralty Reports, Volume 1Lewis & Blood, 1860 |
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Página 30
... brought an action of assumpsit in the circuit court ; after issue , the plaintiff died , and the suit was revived by scire facias , in the name of the administratrix . While this suit was pend- ing , the administratrix intermarried with ...
... brought an action of assumpsit in the circuit court ; after issue , the plaintiff died , and the suit was revived by scire facias , in the name of the administratrix . While this suit was pend- ing , the administratrix intermarried with ...
Página 32
... brought forward in the general answer . 1 Sumner's C. C. R. 585 . 46. A suit in equity does not abate by the death ... brought into existence by some future acts of the corporators , the franchises remain in abeyance until such acts are ...
... brought forward in the general answer . 1 Sumner's C. C. R. 585 . 46. A suit in equity does not abate by the death ... brought into existence by some future acts of the corporators , the franchises remain in abeyance until such acts are ...
Página 36
... brought in the name of the original creditor . But in the action , the debtor may set off all payments made to the assignee on account of the claim . Winchester v . Hackly , 2 Cranch , 342 ; 1 Cond . Rep . 415 . 9. It is a good plea to ...
... brought in the name of the original creditor . But in the action , the debtor may set off all payments made to the assignee on account of the claim . Winchester v . Hackly , 2 Cranch , 342 ; 1 Cond . Rep . 415 . 9. It is a good plea to ...
Página 38
... brought down to the time when they make an end of the account . Couscher v . Tulam , 4 Wash . C. C. R. 442 . 42. In this action , the report of the auditors , " that the plaintiff had no legal demand against the defendant , " is not ...
... brought down to the time when they make an end of the account . Couscher v . Tulam , 4 Wash . C. C. R. 442 . 42. In this action , the report of the auditors , " that the plaintiff had no legal demand against the defendant , " is not ...
Página 43
... brought in the name of the original creditor ; but the debtor may offset , in such action , all payments made to the assignee on account of the original claim . Winchester v . Hackley , 2 Cranch , 342 ; 1 Cond . Rep . 415 . 17. An ...
... brought in the name of the original creditor ; but the debtor may offset , in such action , all payments made to the assignee on account of the original claim . Winchester v . Hackley , 2 Cranch , 342 ; 1 Cond . Rep . 415 . 17. An ...
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A Full and Arranged Digest of the Decisions in Common Law, Equity ..., Volume 1 Richard Peters Visualização completa - 1854 |
Termos e frases comuns
11 Wheat act of congress action admiralty agent agreement alleged amount answer appeal assignment assumpsit averment Bank Bank of Alexandria bill of exchange bottomry bottomry bond brought capture cargo cause certified charge chose in action circuit court claim common law Cond contract conveyance court of chancery court of equity Cranch creditor debt debtor declaration decree deed defendant discharge district court drawer endorser entitled evidence Ex'rs execution fact filed fraud Gallis given heirs held holder Ibid judges judgment jurisdiction jury land Lessee liable libel lien Mason's C. C. R. master ment notice opinion owner paid parties payment person Peters plaintiff plea pleaded port possession principles proceed proceedings promise purchase question recover rule salvage seamen ship statute statute of limitations suit Sumner's C. C. R. supreme court sureties tion trust United vessel voyage wages Wash Wheat writ of error writ of right
Passagens mais conhecidas
Página 165 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute or commission...
Página 163 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Página 419 - It has also been observed that an act of Congress ought never to be construed to violate the law of nations, if any other possible construction remains, and consequently can never be construed to violate neutral rights, or to affect neutral commerce, further than is warranted by the law of nations as understood in this country.
Página 397 - As men whose intentions require no concealment generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Página 284 - An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Página 199 - The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles...
Página 105 - That, though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the legislature.
Página 216 - The government of the Union, then (whatever may be the influence of this fact on the case), is emphatically and truly a government of the people. In form and in substance it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
Página 371 - It is clear, there can be no common law of the United States. The federal government is composed of twenty-four sovereign and independent states; each of which may have its local usages, customs and common law. There is no principle which pervades the Union and has the authority of law, that is not embodied in the constitution or laws of the Union.
Página 165 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties or laws of the United States...