The Supreme Court Reporter, 18. köideWest Publishing Company, 1899 |
From inside the book
Results 1-5 of 100
Page 18
... suit remains unmodified . 2. In a suit by the United States to quiet title against a land - grant railroad company and its grantees , where the rights of the parties depend upon the question whether certain maps filed with the secretary ...
... suit remains unmodified . 2. In a suit by the United States to quiet title against a land - grant railroad company and its grantees , where the rights of the parties depend upon the question whether certain maps filed with the secretary ...
Page 22
... suit by this de- fendant , and marked ' Exhibit A , Nos . 1 and 2 , ' which , with the indorsements thereon , are now herein referred to , and made part of this an- swer ; and this defendant says that said rail- road was not located or ...
... suit by this de- fendant , and marked ' Exhibit A , Nos . 1 and 2 , ' which , with the indorsements thereon , are now herein referred to , and made part of this an- swer ; and this defendant says that said rail- road was not located or ...
Page 27
... suit " are within the limits which would have appertained to the grant to the Atlantic & Pacific upon the 1872 route , if that had been an authorized route , and if a definite location had been duly made thereon so as to attach the ...
... suit " are within the limits which would have appertained to the grant to the Atlantic & Pacific upon the 1872 route , if that had been an authorized route , and if a definite location had been duly made thereon so as to attach the ...
Page 28
... suit , brought by the mort- gagee against the mortgagor to foreclose the mortgage , adjudging the mortgage to be in- valid for want of authority in the mortgagor to execute it , concluded the question of title , the court observing that ...
... suit , brought by the mort- gagee against the mortgagor to foreclose the mortgage , adjudging the mortgage to be in- valid for want of authority in the mortgagor to execute it , concluded the question of title , the court observing that ...
Page 30
... suit between the same parties , unless it be pleaded when there is an opportunity to do so ; that such an opportunity existed in this suit ; and that , the United States having failed to avail itself of that opportunity , it was open to ...
... suit between the same parties , unless it be pleaded when there is an opportunity to do so ; that such an opportunity existed in this suit ; and that , the United States having failed to avail itself of that opportunity , it was open to ...
Other editions - View all
Common terms and phrases
act of congress action affirmed aforesaid alleged amendment amount Andrew Johnson appointed approved assessment Atlantic & Pacific attorney authority bill bond bottomry certificates charge circuit court claim complainant constitution construction consul contract court of appeals court of equity Craney Island decision declared decree deed defendant district court duty entitled equity evidence executed fact fees filed Filhiol fourteenth amendment grant Harlem Extension Railroad held indictment interest issue judgment jurisdiction jury Justice land Lebanon Springs Railroad lien Maxwell Land-Grant ment mortgage owner Pacific Railroad Company paid pany parties patent payment person petition petitioner plaintiff in error possession proceedings purchase purpose question Railway rates reason received road rule sion Southern Pacific Railroad Stat statute suit supreme court territory therein thereof tion tract trial United valid vessel writ of error
Popular passages
Page 105 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 205 - ... every alternate section of public land, not mineral, designated by odd numbers, to the amount of twenty alternate sections per mile, on each side of said railroad line, as said company may adopt, through the Territories of the United States, and ten alternate sections of land per mile on each side of said railroad whenever it passes through any State, and whenever on the line thereof, the United States have full title, not reserved, sold, granted or otherwise appropriated, and free from preemption,...
Page 215 - ... as near as may be, to the practice, pleadings, aud forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding.
Page 18 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between, the same parties or their privies...
Page 228 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the court is passive and does nothing. Laches and neglect are always discountenanced; and therefore from the beginning of this jurisdiction there was always a limitation to suits in this court.
Page 294 - Court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said Circuit Court...
Page 388 - The former naturally desire to obtain as much labor as possible from their employees, while the latter are often induced by the fear of discharge to conform to regulations which their judgment, fairly exercised, would pronounce to be detrimental to their health or strength. In other words, the proprietors lay down the rules and the laborers are practically constrained to obey them. In such cases self-interest is often an unsafe guide, and the legislature may properly interpose its authority.
Page 60 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 389 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Page 416 - And in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...