The Federal ReporterWest Publishing Company, 1928 |
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Página 5
... matter of the litigation , and therefore there was a de- fect of parties plaintiff . ( 2 ) That the com- plaint disclosed that the United States was not empowered to represent the various claimants alleged to have claims against the ...
... matter of the litigation , and therefore there was a de- fect of parties plaintiff . ( 2 ) That the com- plaint disclosed that the United States was not empowered to represent the various claimants alleged to have claims against the ...
Página 54
... matter , as follows : " The court instructs the jury that the burden of proof is upon the plaintiff to prove by the preponderance of the evidence , which means the greater weight of the evidence ( that is , the evidence that is the more ...
... matter , as follows : " The court instructs the jury that the burden of proof is upon the plaintiff to prove by the preponderance of the evidence , which means the greater weight of the evidence ( that is , the evidence that is the more ...
Página 98
... matter of suit held not to pre- vent amendment of answer ( Equity Rule 30 ) . Under Equity Rule 30 , permitting defend- ant to set up counterclaim which might be sub- ject of independent suit in equity against plain- tiff , it was no ...
... matter of suit held not to pre- vent amendment of answer ( Equity Rule 30 ) . Under Equity Rule 30 , permitting defend- ant to set up counterclaim which might be sub- ject of independent suit in equity against plain- tiff , it was no ...
Página 99
... matter arises " out of the transaction which is the subject - matter of the suit , " it must be pleaded ; if it arose independently of such transaction , it is optional with the defendant whether he sets it out in that suit or makes it ...
... matter arises " out of the transaction which is the subject - matter of the suit , " it must be pleaded ; if it arose independently of such transaction , it is optional with the defendant whether he sets it out in that suit or makes it ...
Página 110
... matter , or at least be com- pelled to make specific disavowal in such printed matter of any connection with the manufacture of complainant's blades . Both sides to this controversy have , prop- erly enough , emphasized the fact that ...
... matter , or at least be com- pelled to make specific disavowal in such printed matter of any connection with the manufacture of complainant's blades . Both sides to this controversy have , prop- erly enough , emphasized the fact that ...
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Términos y frases comunes
28 USCA action affirmed agent alleged amount appellee arbitrators assessment bank bankrupt bankruptcy bill bill of lading Board bonds C. C. A. Okl cargo cause charge Circuit Court Circuit Judge claim Commissioner Comp complainant Connecticut defendants contract corporation counsel count Court of Appeals court of equity creditors damages decree defendant defendant's District Court District Judge dividend entitled equity evidence excess profits tax fact federal fendant filed held holders income infringement Internal Revenue issued judgment jurisdiction jury liability lien liquor Mammoth Cave ment mortgage motion National Prohibition Act owner paid parties patent patent in suit payment petition petitioner plaintiff in error prior prior art proceedings purchase question railroad received Revenue Act rule ship Stat statute stevedore stockholders testimony thereof tiff tion trust U. S. Atty United States C. C. A. USCA vessel York City
Pasajes populares
Página 57 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Página 403 - ... 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...
Página 353 - ... not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his application, and not in public use or on sa.le in this country for more than two years prior to his application, unless the same is proved to have been abandoned...
Página 407 - ... commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and income derived from any source whatever.
Página 6 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Página 175 - When a steam vessel and a sailing vessel are proceeding in such directions as to involve risk of collision, the steam vessel shall keep out of the way of the sailing vessel.
Página 336 - Whenever the commission shall have reason to believe that any such person, partnership, or corporation has been or is using any unfair method of competition in commerce, and if it shall appear to the commission that a proceeding by it in respect thereof would be to the interest of the public...
Página 152 - States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and ^agreeable to the principles and usages of law.
Página 194 - Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect of which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable...
Página 142 - Is impossible to administer criminal justice according to law, then, on the theatre of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course.