The Federal Reporter: Cases Argued and Determined in the Circuit and District Courts of the United States, Volumes 39-40
Peyton Boyle, James Wells Goodwin, Robert Desty
West Publishing Company, 1889 - Law reports, digests, etc
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action agent alleged amended amount appears authority bill bill of lading bond cargo cause certificate charge charter-party Circuit Court claim collision commerce complainant complainant's congress construction contract corporation court of equity creditors damages debt decree defendant defendant's demurrage demurrer device district court duty Elkhart entitled equity evidence fact Fidelity Bank filed Floride Calhoun fraud Gevalia grant held indictment indorsement infringement injury invention issued Judge judgment jurisdiction jury Justice land letters patent liable libelant lien machine manufacture master ment Moog mortgage motion National Bank navigation negligence opinion owner paid parties patent payment person petition plaintiff plea port proceedings proof purchase question railroad company received recover rule Santa Ana River schooner ship Southern Pacific Railroad statute steamer suit supreme court testimony thereof tion trust United vessel
Page 714 - And no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...
Page 310 - Nothing herein shall prevent all the shares in any association from being included in the valuation of the personal property of the owner or holder of such shares, in assessing taxes imposed by authority of the State within which the association is located...
Page 57 - ... a greater or less compensation for any service rendered, or to be rendered, in the transportation of passengers or property, subject to the provisions of this act, than it charges, demands, collects, or receives from any other person or persons for doing for him or them a like and contemporaneous service in the transportation of a like kind of traffic under substantially similar circumstances and conditions, such common carrier shall be deemed guilty of unjust discrimination, which is hereby...
Page 447 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 57 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Page 300 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 160 - States, it shall appear to the satisfaction of snid circuit 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 369 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect or receive from any person or persons a greater or less compensation...
Page 300 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 762 - Act, which is similar, either in material, quality, texture, or the use to which it may be applied, to any article enumerated in this Act as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any of the particulars before mentioned...