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act of Congress action aforesaid alleged amount Anderson County appeal appellees authority bill bonds charter charter-party Circuit Court claimants collar complainant Constitution construction contract corporation Court of Claims court of equity creditors debt decree deed defendant in error delivered the opinion District Duncan McArthur entitled equity evidence execution executors filed Flagg graduated bands grandchildren grant hackberries heirs held interest issue January judgment July jurisdiction jury Justice land lien ment Missouri mortgage Moses Austin officers Ohio St paid parties patent payable payment persons petition plaintiff in error Polk City possession probate proceeding purpose question Railroad Company real estate rule sectional bands sold Stat Statement of Facts statute steam suit Supreme Court taxation testator thereof tion Treasury trust United valve vested Virginia Military District void Walker Wall writ of error
Page 241 - ... 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 432 - 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.
Page 720 - the practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts shall conform, as near as may be, to the practice, pleadings, and 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 692 - ... at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such state...
Page 771 - States, be taxed higher than residents ; and that all the navigable waters within the said State shall be common highways, and forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost, or duty therefor...
Page 692 - Nothing herein shall be construed to exempt the real property of associations from either State, county or municipal taxes, to the same extent, according to its value, as other real property is taxed...
Page 31 - But neither the amendment — broad and comprehensive as it is — nor any other amendment, was designed to interfere with the power of the State, sometimes termed its police power, to prescribe regulations to promote the health, peace, morals, education, and good order of the people, and to legislate so as to increase the industries of the State, develop its resources, and add to its wealth and prosperity.
Page 141 - Every act shall embrace but one subject, and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 721 - That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them...
Page 722 - The testimony of any witness may be taken in any civil cause depending in a district or circuit court by deposition de bene esse, when the witness lives at a greater distance from the place of trial than one hundred miles, or is bound on a voyage to sea, or is about to go out of the United States, or out of the district in which the case is to be tried, and to a greater distance than one hundred miles from the place of trial, before the time of trial, or when he is ancient and infirm.