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action affirmed agreement alleged amount answer appeal application authority bank bill bonds brought cause cent charge charter Circuit Court claim complainant Congress Constitution construction contract corporation creditors debt decision decree deed defendants delivered direct District duty effect entered entitled equity error evidence executed existence facts filed follows further give given grant held interest issued judgment jurisdiction jury JUSTICE land liability lien March matter meaning ment mortgage necessary notes notice object officers opinion original owner paid parties passed patent payment persons plaintiff possession present proceedings proceeds proper purchase question Railroad Company reason received record reference rendered residence respect road rule sect secure statute sufficient suit Supreme Court taken thereof tion town trust United valid Wall
Page 731 - Every mortgage, or conveyance intended to operate as a mortgage of goods and chattels, hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor and as against subsequent purchasers and mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed as directed in this section.
Page 847 - ... and each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States...
Page 14 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 627 - Field's opinion clearly established California law. In 1865 Justice Lorenzo Sawyer could safely say that "it is now settled in this State that parol evidence is admissible to show that a deed absolute on its face was intended to be a mortgage.
Page 92 - Where parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement.
Page 20 - ... and in such inferior tribunals as the general assembly may, from time to time, ordain and establish. Sec. 2. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the state, under the restrictions and limitations in this constitution provided.
Page 111 - It is a cardinal rule of statutory construction that significance and effect shall, if possible, be accorded to every word. As early as in Bacon's Abridgment, sec. 2, it was said that ' a statute ought, upon the whole, to be so construed that, if it can be prevented, no clause, sentence, or word, shall be superfluous, void, or insignificant.
Page 60 - If the goods of a manufacturer have, from the mark or device he has used, become known in the market by a particular name, I think that the adoption by a rival trader of any mark which will cause his goods to bear the same name in the market may be as much a violation of the rights of that rival as the actual copy of his device.