The Federal Reporter, Volume 71West Publishing Company, 1896 - Law reports, digests, etc 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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Page 7
... attachment issued by a federal court . 3. FRAUDULENT CONVEYANCES - LACHES . A bill filed in 1894 by the holder of a judgment against a decedent to obtain a discovery of decedent's assets , and to obtain relief from alleged frauds by ...
... attachment issued by a federal court . 3. FRAUDULENT CONVEYANCES - LACHES . A bill filed in 1894 by the holder of a judgment against a decedent to obtain a discovery of decedent's assets , and to obtain relief from alleged frauds by ...
Page 8
... attachment was taken out and delivered to the marshal of this district , against the lands , tenements , goods , chattels , moneys , and effects of Elijah W. Morgan , not exempt from execution . On the 13th day of February , 1891 , the ...
... attachment was taken out and delivered to the marshal of this district , against the lands , tenements , goods , chattels , moneys , and effects of Elijah W. Morgan , not exempt from execution . On the 13th day of February , 1891 , the ...
Page 13
... attachment was a breach of the rule of comity which protects property in the posses- sion of a state court from process issued out of the federal court , and is invalid for the enforcement of the right claimed by the attach- ing ...
... attachment was a breach of the rule of comity which protects property in the posses- sion of a state court from process issued out of the federal court , and is invalid for the enforcement of the right claimed by the attach- ing ...
Page 19
... attachment at any time since 1876 , the date when he ac- quired the notes in question , by making affidavit , pursuant to the statute , that Morgan , the debtor , had transferred , assigned , or con- veyed ( or was about to do so ) his ...
... attachment at any time since 1876 , the date when he ac- quired the notes in question , by making affidavit , pursuant to the statute , that Morgan , the debtor , had transferred , assigned , or con- veyed ( or was about to do so ) his ...
Page 76
... attach as an exhibit to their answer a certified copy of same , and they say they can neither affirm nor deny that the same is in form according to law . The complainant filed a general replication , and , by amendment to its bill ...
... attach as an exhibit to their answer a certified copy of same , and they say they can neither affirm nor deny that the same is in form according to law . The complainant filed a general replication , and , by amendment to its bill ...
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Common terms and phrases
action adverse possession agent alleged amount appellee applied attachment averment bank bill bond cargo Carlsbad cause charge Circuit Court Circuit Judge claim complainant complainant's conductor contract corporation counsel Court of Appeals court of equity creditors debt decision decree deed defendant in error defendant's demurrer device District Judge duty Elijah W entitled equity estoppel evidence executed fact filed Franklin L held infringement interest invention issued judgment jurisdiction jury land liability libelant lien Manuf'g ment mortgage opinion Owego owner paid pany parties patent payment person petition plaintiff in error port Port Hadlock possession prior proceedings purchase purpose question Railroad Company railway reason received recover Red River county rule secured sold statute steamer suit supreme court thereof tion trial trust company United vessel Wong Kim Ark writ
Popular passages
Page 437 - An act [to amend an act entitled an act] to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Page 121 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation, however caused, and shall In no event exceed what It would then cost the insured to repair or replace the same with material of like kind and quality.
Page 214 - Nothing in these rules shall exonerate any vessel or the owner or master or crew thereof from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper lookout, or of the neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case.
Page 389 - In any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority, is drawn in question.
Page 724 - That the Captain shall prosecute his voyages with the utmost despatch (r), and shall render all customary assistance with Ship's crew and boats. That the Captain (although appointed by the Owners) shall be under the orders and direction of the Charterers as regards employment, agency, or other arrangements...
Page 682 - We hold it to be an incontrovertible principle that the government of the United States may, by means of physical force, exercised through its official agents, execute on every foot of American soil the powers and functions that belong to it.
Page 454 - This is especially true with regard to the law of real estate, and the construction of state constitutions and statutes. Such established rules are always regarded by the federal courts, no less than by the state courts themselves, as authoritative declarations of what the law Is. But...
Page 536 - ordinary care,' ' reasonable prudence,' and such like terms as applied to the conduct and affairs of men have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each...
Page 121 - In the event of disagreement as to the amount of loss, the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one...
Page 63 - It is not enough that there is a remedy at law ; it must be plain and adequate, or, in other words, as practical and as efficient to the ends of justice and its prompt administration, as the remedy in equity.