Cases in the Circuit Court of the United States for the Third Circuit: With an Appendix, Volume 1 |
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Page iii
... trial the execution thereof , nor in the case of bills of exchange or promissory notes , for an indorser to prove the signatures of prior endorsers , but the same shall be taken to be admitted , unless the defendant by affidavit filed ...
... trial the execution thereof , nor in the case of bills of exchange or promissory notes , for an indorser to prove the signatures of prior endorsers , but the same shall be taken to be admitted , unless the defendant by affidavit filed ...
Page vii
... trial of the cause , in case of the death , absence , or other legal inability of such witness to attend ; yet , in case the witness is resident within one hundred miles of the place of trial , it is ordered that the deposition shall ...
... trial of the cause , in case of the death , absence , or other legal inability of such witness to attend ; yet , in case the witness is resident within one hundred miles of the place of trial , it is ordered that the deposition shall ...
Page viii
... trial , in any case , of the answers or deposition of a witness resident within one hundred miles of the place of trial . 6. In all cases of exception filed as above , by either party , the other party may , before the trial of the ...
... trial , in any case , of the answers or deposition of a witness resident within one hundred miles of the place of trial . 6. In all cases of exception filed as above , by either party , the other party may , before the trial of the ...
Page ix
... trial list , and continued by consent or without any preparation for trial by the plaintiff , will be non prossed by the court . XII . PAPER BOOKS . In all law arguments on demurrers , reserved points , special verdicts , motions in ...
... trial list , and continued by consent or without any preparation for trial by the plaintiff , will be non prossed by the court . XII . PAPER BOOKS . In all law arguments on demurrers , reserved points , special verdicts , motions in ...
Page x
... trial , shall give the plaintiff notice in writing of the matter intended to be objected in avoidance of the same , or else he shall be precluded therefrom . 4. When the defendant pleads a set - off , unless the matter be fully and ...
... trial , shall give the plaintiff notice in writing of the matter intended to be objected in avoidance of the same , or else he shall be precluded therefrom . 4. When the defendant pleads a set - off , unless the matter be fully and ...
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Common terms and phrases
3d Point action Admiralty admitted American appeared APRIL SESSIONS Arbitrator argument Aspden authority bond bound boundaries canal Captain Castle channel charter Chief Justice Circuit Court claim common law counsel COURT'S OPINION creditors crown debts decided decision declarations deed defendant Dela Delaware bay Delaware river doctrine domicil doubt Duke of York England equity estoppel evidence fact give grant GRIER intention island January Jersey shore Judge judgment jurisdiction jury kumshaw land libel lien Lord Baltimore low water mark matter ment navigation October owner party passengers patent Pea Patch Pea Patch island Penn's Pennsylvania person Philadelphia plaintiff possession principle proprietaries province Province of Pennsylvania publick question replevin residence river Delaware says seizin settled settlement shew ship side STATEMENT statute suit Supreme Court testimony tion trial twelve miles twelve miles circle United verdict vessel William Penn witness writ
Popular passages
Page 160 - The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance.
Page 10 - ... in the presence of the said courts, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of the said courts...
Page 84 - It Is certainly a maxim that all evidence is to be weighed according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted.
Page cxviii - River, and hath upon the west Delaware Bay or river, and extendeth southward to the main ocean as far as Cape May, at the mouth of Delaware *Bay, and to the northward as far as the...
Page 254 - The third rule I shall extract is, that the original domicil, or, as it is called, the forum originis, or the domicil of origin, is to prevail until the party has not only acquired another, but has manifested and carried into execution an intention of abandoning his former domicil and taking another as his sole domicil.
Page 165 - That whenever, in any action for damages for making, using, or selling the thing whereof the exclusive right is secured by any patent heretofore granted, or by any patent which may hereafter be granted, a verdict shall be rendered for the plaintiff in such action, it shall be in the power of the court to render judgment for any sum above the amount found by such verdict as the actual damages sustained by the plaintiff, not exceeding three times the amount thereof, according to the circumstances of...
Page 340 - ... and such damages may be recovered by action on the case, in any court of competent jurisdiction, to be brought in the name or names of the person or persons interested, whether as patentee, assignees, or as grantees of the exclusive right within and throughout a specified part of the United States.
Page 32 - ... to commend him to regard, yet, that the case was one in which some punishment was demanded ; that it was in the power of the court to inflict the penalty of an imprisonment for a term of three years, and a fine of $1,000, but, in view of all the circumstances, and especially as the prisoner had been already confined in gaol several months, that the court would make the punishment more lenient. The convict was then sentenced to undergo an imprisonment in the Eastern Penitentiary of Pennsylvania,...
Page 13 - ... for death is the last and farthest point of particular necessity, and the law imposeth it upon every subject, that he prefer the urgent service of his prince and country before the safety of his life...
Page 272 - The privilege which is asserted here is the privilege of the court, rather than of the defendant. It is founded in the necessities of the judicial administration, which would be often embarrassed, and sometimes interrupted, if the suitor might be vexed with process while attending upon the court for the protection of his rights, or the witness while attending to testify.