A Digest of Statutes, Rules, and Decisions: Relative to the Jurisdiction and Practice of the Supreme Court of the United States |
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Page 48
... plea to the jurisdiction , in abatement , is overruled by the court upon demurrer , and the defendant pleads in bar , and upon these pleas the final judg- ment of the court is in his favor ; if the plaintiff brings a writ of error , the ...
... plea to the jurisdiction , in abatement , is overruled by the court upon demurrer , and the defendant pleads in bar , and upon these pleas the final judg- ment of the court is in his favor ; if the plaintiff brings a writ of error , the ...
Page 51
... plea of nul tiel record raises a ques- tion of law , where the supposed record is of the court in which the plea is filed . Basset v . United States , 9 Wall . 38 . 45. Therefore , where the record relied on is produced in such a case ...
... plea of nul tiel record raises a ques- tion of law , where the supposed record is of the court in which the plea is filed . Basset v . United States , 9 Wall . 38 . 45. Therefore , where the record relied on is produced in such a case ...
Page 58
... plea , upon a summons and count against the original defendant , they may sue out a writ of error and reverse the judgment . Ib . 20. ( Feb. , 1822. ) A writ of error will lie from this court , upon the judgments of the Circuit Courts ...
... plea , upon a summons and count against the original defendant , they may sue out a writ of error and reverse the judgment . Ib . 20. ( Feb. , 1822. ) A writ of error will lie from this court , upon the judgments of the Circuit Courts ...
Page 60
... plea ; but according to the practice of this court , a party may avail himself , by motion , of any defect which appears upon the record itself . Ib . 33. ( Dec. , 1851. ) A judgment of a court , upon a motion to enter an exoneretur of ...
... plea ; but according to the practice of this court , a party may avail himself , by motion , of any defect which appears upon the record itself . Ib . 33. ( Dec. , 1851. ) A judgment of a court , upon a motion to enter an exoneretur of ...
Page 133
... plea ; which plea , as above mentioned , if true , was declared to be no defence . City of Richmond v . Smith , 15 Wall . 430 . 56. ( Dec. , 1872. ) Although , under a stipulation in writing made by the parties to the suit , and filed ...
... plea ; which plea , as above mentioned , if true , was declared to be no defence . City of Richmond v . Smith , 15 Wall . 430 . 56. ( Dec. , 1872. ) Although , under a stipulation in writing made by the parties to the suit , and filed ...
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A Digest of Statutes, Rules, and Decisions Relative to the Jurisdiction and ... Erastus Thatcher No preview available - 2017 |
Common terms and phrases
11 Otto 12 Wall 9 Wall act of Congress action admiralty affirmed alleged allowed amount amount in controversy appeal lies appellate jurisdiction authority award Bank Bank of United bill of exceptions brought certified Circuit Court clerk complainant Constitution controversy counsel Court of Claims Cranch cuit Court decided decision demurrer diction discretion dismissed District Court district judge docket drawn in question equity error or appeal evidence Ex parte Bradstreet execution exercise facts filed final decree final judgment grant ground habeas corpus Held highest court inferior court issue judgment or decree Judiciary Act jury libel Louisiana mandamus mandate matter in dispute ment motion opinion party petition petitioner plaintiff in error plea pleadings proceedings Railroad record refused remanded rendered rule show cause Stat statute suit Supreme Court term tion treaty trial twenty-fifth section United validity verdict want of jurisdiction Wheat writ of error
Popular passages
Page 255 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity...
Page 194 - State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the constitution, treaties or laws of the United States...
Page 182 - States, and the decision is in favor of such, their validity ; or where is drawn in question the construction of any clause of the Constitution, or of a treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially let up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be reexamined and reversed or affirmed in the Supreme Court of the United States upon...
Page 1 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Page 248 - States, in the same manner and under the same regulations, and the writ shall have the same effect, as if the judgment or decree complained of had been rendered or passed in a circuit court...
Page 8 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Page 157 - Writs of error, and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the .supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States...
Page 365 - Court then next ensuing. 2. When the death of a party is suggested, and the representatives of the deceased...
Page 379 - INTEREST. 1. In cases where a writ of error is prosecuted in this court and the judgment of the inferior court is affirmed, the interest shall be calculated and levied, from the date of the judgment below until the same is paid, at the same rate that similar judgments bear interest in the courts of the State * where such judgment was rendered.
Page 16 - Virginia has applied to this court for a rule to show cause why a mandamus should not issue commanding the judge of the District Court of the Western District of Virginia, the Hon.