See CONSTITUTIONAL LAW, 20; CONTRACTS, 3.
1. Diversity of citizenship of parties-Separability of cause.
For the purposes of determining the removability of a cause, the case must be deemed to be such as the plaintiff has made it, in good faith, in his pleadings; and if a plaintiff in a suit for personal in- juries joined with the foreign corporation one or more of its em- ployés residents of plaintiff's State as defendants, and the state court holds that the joinder is not improper, the cause is not separable and cannot be removed into the Federal court. (Ala- bama & Great Southern R. R. v. Thompson, 200 U. S. 206; Rail- way Co. v. Bohon, 200 U. S. 221.) Southern Ry. Co. v. Miller, 209.
2. Dismissal on removal to Federal court-Right to re-bring action in state court.
After a case properly removable and moved into the Federal court
has been voluntarily dismissed without action on the merits, the case is again at large and plaintiff may begin it again in any court of competent jurisdiction, including the state court from which the first case was removed into the Circuit Court. Ib.
LOCAL LAW (PORTO RICO, 4); MORTGAGES AND DEEDS OF TRUST, 2.
RES JUDICATA.
See CONDEMNATION OF LAND, 6; Judgments AND DECREES, 1, 4.
RESTRAINT OF TRADE.
See COMBINATIONS IN RESTRAINT OF TRADE; CONSTITUTIONAL Law, 7, 8.
REVISED STATUTES.
See ACTS OF CONGRESS; CRIMINAL LAW, 5.
RIGHT OF WAY.
See EASEMENTS.
1. Effect of act of March 3, 1851, in respect of rights acquired under Spanish and Mexican titles-Right to waters of Los Angeles River. In this case both parties claim under Spanish or Mexican titles, con- firmed by proceedings under the act of March 3, 1851, c. 41, 9 Stat. 631. The Federal rights alleged by plaintiff in error to have been violated by the decision of the state court, so far as concerns this act, relate to the extent of the right and ownership of the parties in the use of the Los Angeles River. Plaintiff in error contended that by its grant it became the owner of riparian rights without limitations by any right of the city of Los Angeles to use the water of the river, and that the city by failing to present its claim for the use of such water to the commission under the act of 1851 is foreclosed from now asserting them. The state court held that the city of Los Angeles had the exclusive right to the water of the Los Angeles River from its source to the most south- ern part of the city. In dismissing a writ of error to review the judgment of the state court, held that the act of 1851 was a con- firmatory act and not one granting titles; that by its terms it did not originate titles nor make the patents to be issued in pursuance of decisions of the commission conclusive except upon the United States. Los Angeles Milling Co. v. Los Angeles, 217.
2. Law governing rights of patentees under act of March 3, 1851. The extent of riparian rights belonging to pueblos or persons receiv- ing patents of the United States in pursuance of the decisions of the commission under the act of March 3, 1851, are matters of local or general law. Ib.
See RIPARIAN RIGHTS; STATES, 4, 6.
RULES OF COURT.
Rule 21. See APPEAL AND ERROR, 2. Rule 35. See APPEAL AND ERROR, 2;
PRACTICE AND PROCEDURE, 1-4.
See CONSTITUTIONAL LAW, 4;
CONTRACTS, 9-12;
LOCAL LAW (PORTO RICO, 1).
SALES IN BULK.
See CONSTITUTIONAL LAW, 21, 34.
SCIRE FACIAS.
See WRIT AND PROCESS.
SEARCHES AND SEIZURES.
See CONTEMPT OF COURT.
SECOND JEOPARDY.
See CONSTITUTIONAL LAW, 14.
SECRETARY OF AGRICULTURE. See CONTRACTS, 7.
SELF-INCRIMINATION.
See CONTEMPT OF COURT.
SERVICE OF PROCESS. See JURISDICTION, H.
SOVEREIGNTY.
See STATES, 10.
See JUDGMENTS AND DECREES, 2.
SPANISH TITLES.
See RIPARIAN RIGHTS, 1.
SPECIAL APPEARANCE.
See JURISDICTION, H..
See ACTIONS;
CONTRACTS, 3, 11, 12;
EXECUTORS AND ADMINISTRATORS, 1, 2.
SPIRITOUS LIQUORS. See CONSTITUTIONAL LAW, 23.
STARE DECISIS.
See APPEAL AND ERROR, 8, 9; CONSTITUTIONAL LAW, 21.
1. Boundary lines; rule in adjusting disputes as to. Boundary disputes between States should be adjusted according to
the facts in the case by the applicable principles of law and equity, and in such manner as will least disturb private rights and titles regarded as settled by the people most affected; and it should be the manifest duty of the lawmaking bodies of adjoining States to confirm such private rights in accordance with such principles. Maryland v. West Virginia, 1.
2. Boundary lines; astronomical correctness; effect of want of. Even if a meridian boundary line is not astronomically correct, it should not be overthrown after it has been recognized for many years and becomes the basis for public and private rights of property. Ib.
3. Boundary between Maryland and West Virginia. The record in this case sustains the proposition that for many years the people of Maryland, Virginia and West Virginia, have ac- cepted as the boundary between Maryland and West Virginia the line known as the Deakins line, and have consistently adhered to the Fairfax Stone as the starting point of such line, and that none of the steps taken to delimitate the boundary since such line was run in 1788 have been effectual, or such as to disturb the continued possession of people claiming rights up to such Deakins line on the Virginia and West Virginia side. Ib.
4. Boundary; right of West Virginia to Potomac River.
West Virginia is not entitled to the Potomac River to the north bank thereof. (Morris v. United States, 174 U. S. 196.) Ib.
5. Boundary line between Maryland and West Virginia; scope of decree determining.
The decree in this case should provide for the appointment of commis- sioners to run and permanently mark, as the boundary line be- tween Maryland and West Virginia, the old Deakins line, be- ginning at a point where the north and south line from the Fairfax Stone crosses the Potomac River and running thence northerly along said line to the Pennsylvania border. Ib.
6. Boundaries; southern boundary of Maryland defined.
Consistently with the continued previous exercise of political juris- diction by the respective States, Maryland has a uniform southern boundary along Virginia and West Virginia at low-
water mark on the south bank of the Potomac River to the inter- section of the north and south line between Maryland and West Virginia. Maryland v. West Virginia, 577.
7. Police power; constitutional limitation of.
There are constitutional limits to what can be required of the owners of railroads under the police power. Missouri Pacific Ry. Co. v. Nebraska, 196.
8. Prescription in, by efflux of time.
Length of time that raises a right by prescription in private parties, likewise raises such a presumption in favor of States. Maryland v. West Virginia, 577.
9. Prescription; effect on State of long-continued possession of territory. Where possession of territory has been undisturbed for many years a
prescriptive right arises which is equally binding under the prin- ciples of justice on States and individuals. Maryland v. West Virginia, 1.
10. Sovereignty; effect of long-continued possession of territory. Whether long continued possession by a State of territory has ripened into sovereignty thereover which should be recognized by other States depends upon the facts in individual cases as they arise. Ib.
See COMMERCE, 1;
CONGRESS, POWERS OF;
CONSTITUTIONAL LAW, 1, 2,
7, 15, 24, 25, 27, 34, 37; COSTS;
JUDGMENTS AND DECREES, 4; PUBLIC LANDS, 1-4;
STATUTES, A 5;
TAXES AND TAXATION, 2, 3.
STATUTES.
A. CONSTRUCTION OF.
1. Constitutionality; when statute unconstitutional in part invalid in toto-Rule applied to § 1283, Gen. Laws Kansas, 1901. Where a statute is unconstitutional in part the whole statute must be deemed invalid except as to such parts as are so disconnected with the general scope that they can be separably enforced; and so held as to the provisions in § 1283 of the General Laws of Kansas of 1901 against a foreign corporation maintaining any action until it has complied with another provision as to filing a detailed statement which is unconstitutional as to foreign cor- porations engaged in interstate commerce. International Text- book Co. v. Pigg, 91.
« PreviousContinue » |