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 47
... contract serves only to create doubt and to confuse the judgment . There is no safer or better settled canon of interpreta- tion than that , when language is plain and unambiguous , it must be held to mean what it plainly expresses ...
... contract serves only to create doubt and to confuse the judgment . There is no safer or better settled canon of interpreta- tion than that , when language is plain and unambiguous , it must be held to mean what it plainly expresses ...
Page 48
... contract under which it claims , that these lands were not with- drawn from market until they were granted to the Hastings & Dakota Company . It is argued that , when the act of 1865 was passed , the route of this road was designated ...
... contract under which it claims , that these lands were not with- drawn from market until they were granted to the Hastings & Dakota Company . It is argued that , when the act of 1865 was passed , the route of this road was designated ...
Page 53
... contract for the erection of machinery to operate a street railway in the city of Dayton owned by the defendant , the Oakwood Street - Railway Company . The bill averred that the de- fendant , under a false claim that the machinery did ...
... contract for the erection of machinery to operate a street railway in the city of Dayton owned by the defendant , the Oakwood Street - Railway Company . The bill averred that the de- fendant , under a false claim that the machinery did ...
Page 58
... contract are tainted with usury does not give equity a right to enjoin an action at law thereon , and assume jurisdiction . 2. AVOIDANCE OF CONTRACT - DURESS . A threat to bring a civil suit for a balance of an overdue account , a part ...
... contract are tainted with usury does not give equity a right to enjoin an action at law thereon , and assume jurisdiction . 2. AVOIDANCE OF CONTRACT - DURESS . A threat to bring a civil suit for a balance of an overdue account , a part ...
Page 59
... contract were tainted with usury , and were obtained by duress , and prayed that the appellees be enjoined from prose- cuting the action at law ; that the account which had been settled by the notes be restated , purged of all illegal ...
... contract were tainted with usury , and were obtained by duress , and prayed that the appellees be enjoined from prose- cuting the action at law ; that the account which had been settled by the notes be restated , purged of all illegal ...
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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.