The Federal Reporter, Volume 46West Publishing Company, 1891 - 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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Common terms and phrases
act of congress action admiralty agreement alleged amount appears application attorney authority avers bill bill of lading cause charge Circuit Court citizen claim Clatsop county complainant complainant's construction contract corporation counsel court of equity creditors damages decision decree defendant defendant's demurrer district court DISTRICT JUDGE duty entitled evidence fact filed grant ground habeas corpus held indictment infringement injunction issued judgment jurisdiction jury Khio land-office letters patent libelant lien matter ment mineral lands mortgage motion navigation opinion owner paid parties patent payment person petition petitioner plaintiff possession proceedings proof purchase purpose question Railroad Co Railway real estate reason receiver road rule ship Sioux City Southern Pacific Railroad statute suit supreme court territory testimony thereof tion treaty trial troughs trust United Veendam verdict vessel York
Popular passages
Page 305 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 84 - That in case any common carrier subject to the provisions of this act shall do, cause to be done, or permit to be done any act, matter, or thing in this act prohibited or declared to be unlawful...
Page 84 - ... such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation of the provisions of this act...
Page 239 - That the president of the United States shall cause the lands to be surveyed for forty miles in width on both sides of the entire line of said road, after the general route shall be fixed, and as fast as may be required by the construction of said railroad...
Page 317 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 612 - Wheely and others, the court say, "the canal having been made under an Act of Parliament, the rights of the plaintiffs are derived entirely from that Act. This, like many other cases, is a bargain between a company of adventurers and the public, the terms of which are expressed in the statute ; and the rule of construction, in all such cases, is now fully established to be this ; that any ambiguity in the terms of the contract must operate against the adventurers, and in favor of the public, and...
Page 617 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 643 - She was employed as an instrument of that commerce; for, whenever a commodity has begun to move as an article of trade from one state to another, commerce in that commodity between the states has commenced.
Page 86 - ... nothing in this Act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this Act are in addition to such remedies...
Page 718 - ... upon any agreement that is not to be performed within one year from the making thereof; unless the agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorised.