The Southern Law Review, Band 3Soule, Thomas & Wentworth, 1877 |
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Seite 10
... determine , under all the solemn sanctions of judicial office , whether a proper case for removal is presented , and to adjudge accordingly . Previous to the act of 1875 the law regulating the re- moval of causes from the state to the ...
... determine , under all the solemn sanctions of judicial office , whether a proper case for removal is presented , and to adjudge accordingly . Previous to the act of 1875 the law regulating the re- moval of causes from the state to the ...
Seite 12
... determined as between them , " seems designed to remove all doubt as to the legislative will . The first section of the act of 1875 enlarges the original jurisdiction of the Circuit Courts of the United States , using for this purpose ...
... determined as between them , " seems designed to remove all doubt as to the legislative will . The first section of the act of 1875 enlarges the original jurisdiction of the Circuit Courts of the United States , using for this purpose ...
Seite 13
... determined as between them " were worse than useless . These words fairly imply that the suit or contro- versy may be removed as to them , whenever the controversy could be fully determined between them , but not otherwise . This is ...
... determined as between them " were worse than useless . These words fairly imply that the suit or contro- versy may be removed as to them , whenever the controversy could be fully determined between them , but not otherwise . This is ...
Seite 14
... determined between the parties to the removal , the jurisdiction of the state court would necessarily remain ... determined between them , " already commented on . The right of removal is made to depend entirely upon the very fact that ...
... determined between the parties to the removal , the jurisdiction of the state court would necessarily remain ... determined between them , " already commented on . The right of removal is made to depend entirely upon the very fact that ...
Seite 15
... determined as between them . " And this positive provision repeals any provisions of previous statutes in conflict therewith , if such there be .. The language of the constitution of the United States is that the judicial powers shall ...
... determined as between them . " And this positive provision repeals any provisions of previous statutes in conflict therewith , if such there be .. The language of the constitution of the United States is that the judicial powers shall ...
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Seite 431 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Seite 306 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Seite 325 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in the use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Seite 350 - ... the faith of the United States is solemnly pledged to the payment in coin or its equivalent of all the obligations of the United States...
Seite 201 - An Act for the further security of His Majesty's person and Government, and the succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors...
Seite 637 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Seite 6 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Seite 12 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Seite 972 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Seite 130 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.