Reports of Cases Argued and Adjudged in the Supreme Court of the United States, Volume 2; Volume 43Published for John Conrad and Company, 1844 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 13
... parties concerned . How- ard and Hutchinson , 49 . Mr. Justice BALDWIN delivered the opinion of the court . As the judgment below was rendered on a general demurrer , it is necessary to ascertain in what part of the pleadings the first ...
... parties concerned . How- ard and Hutchinson , 49 . Mr. Justice BALDWIN delivered the opinion of the court . As the judgment below was rendered on a general demurrer , it is necessary to ascertain in what part of the pleadings the first ...
Page 15
... parties to the suit , than the persons between whom the litigation before them exists . Executors and administrators are not in this position , they are the actors in suits brought by them ; the personal property of the decedent is ...
... parties to the suit , than the persons between whom the litigation before them exists . Executors and administrators are not in this position , they are the actors in suits brought by them ; the personal property of the decedent is ...
Page 19
... parties to the suit at law , and could not maintain an action upon the bond to which they were not parties . Is McNutt to be considered as suing in his private individual character , and the addition " governor of the state of ...
... parties to the suit at law , and could not maintain an action upon the bond to which they were not parties . Is McNutt to be considered as suing in his private individual character , and the addition " governor of the state of ...
Page 20
... parties , it must be understood as mean- ing the parties to the record . The first case in support of these positions , is that of Bingham v . Cabot et al . , from 3 Dall . 382 , instituted in 1797 , in which the plain- tiffs were ...
... parties , it must be understood as mean- ing the parties to the record . The first case in support of these positions , is that of Bingham v . Cabot et al . , from 3 Dall . 382 , instituted in 1797 , in which the plain- tiffs were ...
Page 21
... parties . A description of the parties is therefore indispensable to the exercise of jurisdiction . There is here no such description . " The case of Course et al . v . Stead et ux . , 4 Dail . p . 22 , is marked by one trait which ...
... parties . A description of the parties is therefore indispensable to the exercise of jurisdiction . There is here no such description . " The case of Course et al . v . Stead et ux . , 4 Dail . p . 22 , is marked by one trait which ...
Other editions - View all
Common terms and phrases
act of Congress aforesaid alleged Amos Stoddard appear assignment authority bank bill of exchange brought Carolina cause certificates chancery charge charity Cherokees Chickasaws Circuit Court citizens claim Clark complainant corporation counsel court of equity creditors damages debt deceased decision declaration decree deed defendant devise discharge district drawer endorser entitled equity Eustace's Lessee evidence execution fact filed Girard's Executors given Grant and McGuffie guarantee Hanson heirs holder instruction interest judgment jurisdiction jury justice land Lawrence Louisville Railroad Company marshal McCalmont ment Mississippi notice objection opinion paid parties patent payment Pennsylvania persons Peters plaintiff in error Porterfield probate proceedings protest purchase question Randel received record Rhett Robert Phillips sheriff South Carolina statute Stephen Girard sued suit Supreme Court survey Tennessee river testator thereof Timberlake tion treaty trust United Virginia writ of error
Popular passages
Page 552 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 558 - ... an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence. These are such as are supposed best calculated to effect the object for which it was created.
Page 598 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 701 - States, shall have power in the trial of actions at law, .on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same by the ordinary rules of proceeding in chancery...
Page 244 - On' consideration whereof, It is now here ordered and adjudged by this court, that the judgment of the said C.ircuit Court, in this cause be, and the same is hereby reversed with costs...
Page 503 - ... suit between the parties who are properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties not regularly served with process nor voluntarily appearing to answer ; and non-joinder of parties who are not inhabitants of nor found within the district, as aforesaid, shall not constitute matter of abatement or objection to the suit.
Page 205 - All persons whatsoever, residing in any State, District or Territory of the United States, owing debts, which shall not have been created in consequence of a defalcation as a public officer; or as executor, administrator, guardian or trustee, or while acting in any other fiduciary capacity...
Page 238 - This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the District of Maryland, and was argued by counsel. On consideration whereof, it is now here ordered, adjudged, and decreed by this Court, that the...
Page 538 - And where a suit is now pending, or may be hereafter brought in any state court in which there is a controversy between a citizen of the state in which the suit is brought, and a citizen of another state...
Page 229 - March, 1819 (ch. 75, ch. 200), to protect the commerce of the United States, and to punish the crime of piracy. The information originally contained five counts, each asserting a piratical aggression and restraint on the high seas upon a different vessel...