United States Reports: ... and Rules Announced at ...Banks & Bros., Law Publishers, 1898 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 5
... decided by this court in 1892 , 146 U. S. 570 , 615 , are not conclusive in this suit in favor of the United States , either as res judicata , or as an estoppel , or as evidence . ( a ) The causes of action are different , and the ...
... decided by this court in 1892 , 146 U. S. 570 , 615 , are not conclusive in this suit in favor of the United States , either as res judicata , or as an estoppel , or as evidence . ( a ) The causes of action are different , and the ...
Page 10
... decided every fact and every question of law involved in the title , is true only in respect to the title of the lands there in controversy ; and , if we are right in claiming that a suit for these lands is another cause of action , the ...
... decided every fact and every question of law involved in the title , is true only in respect to the title of the lands there in controversy ; and , if we are right in claiming that a suit for these lands is another cause of action , the ...
Page 12
... decided in the former case . The plaintiff in this case has introduced proof of facts upon which the former adjudication was determined . It therefore cannot rely upon the judicial adjudication of the issue by way of estoppel in the ...
... decided in the former case . The plaintiff in this case has introduced proof of facts upon which the former adjudication was determined . It therefore cannot rely upon the judicial adjudication of the issue by way of estoppel in the ...
Page 46
... decided in this court on the 12th day of December , 1892 . A petition for rehearing was presented to the several mem- bers of the court , but a rehearing was not granted . In that petition the Southern Pacific Railroad Company insisted ...
... decided in this court on the 12th day of December , 1892 . A petition for rehearing was presented to the several mem- bers of the court , but a rehearing was not granted . In that petition the Southern Pacific Railroad Company insisted ...
Page 50
... that " whenever the same question has been in issue and tried and judgment ren- dered , it is conclusive of the issue so decided in any subse- Opinion of the Court . quent suit between the same 50 OCTOBER TERM , 1897 .
... that " whenever the same question has been in issue and tried and judgment ren- dered , it is conclusive of the issue so decided in any subse- Opinion of the Court . quent suit between the same 50 OCTOBER TERM , 1897 .
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Common terms and phrases
act of Congress action adverse possession affirmed aforesaid alcalde alleged amended amount Andrew Johnson approved assessment Atlantic and Pacific Attorney authority Baca bill bill of lading bottomry Cañon cargo carrier cattle certificate charge Circuit Court claim Colorado River Commission common carrier complainant Constitution construction contract Court of Appeals court of equity Craney Island decision declare decree defendant definite location delivered the opinion determined duty entitled equity estoppel evidence fact filed Filhiol former Garcias Government governor held issue judgment July 27 jurisdiction jury JUSTICE lands granted maps of definite March matter ment owner Pacific Railroad Company pany parties patent payment person petition petitioner plaintiff in error pleadings Plymothian possession proceedings Pueblo of Zia pueblos question Railway reason record road route rule Southern Pacific Railroad Stat Statement statute suit Supreme Court Territory thereof tion United validity vessel
Popular passages
Page 152 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Page 550 - heard the evidence do you wish to say anything in answer to the " charge ? You are not obliged to say anything unless you desire to do " so, but whatever you say will be taken down in writing and may be
Page 446 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 114 - That if the owner of any vessel transporting merchandise or property to or from any port in the United States of America shall exercise due diligence to make the said vessel in all respects seaworthy and properly manned, equipped, and supplied...
Page 623 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 750 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same parties or their privies...
Page 153 - ... may apply to said Commission by petition, which shall briefly state the facts; whereupon a statement of the charges thus made shall be forwarded by the Commission to such common carrier, who shall be called upon to satisfy the complaint or to answer the same in 'writing within' a reasonable time, to be specified by the Commission.
Page 152 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 419 - In narrow channels every steam vessel shall, when it is safe and practicable, keep to that side of the fairway or mid-channel which lies on the starboard side of such vessel.
Page 134 - That all courts shall be open; and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without sale, denial, or delay.