Cases Argued and Determined in the Circuit Courts of the United States for the Eighth Judicial Circuit, Band 2Callaghan, 1882 |
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Seite 39
... lode had been discovered on the claim prior to the commencement of ac- tion , and that such lode so discovered extends from the discovery shaft to the ground for which he sues . These are facts to be determined by the jury from a ...
... lode had been discovered on the claim prior to the commencement of ac- tion , and that such lode so discovered extends from the discovery shaft to the ground for which he sues . These are facts to be determined by the jury from a ...
Seite 41
... lode was discovered in the Highland Mary dis- covery shaft , and such lode extends from that discovery shaft to the ground in controversy . On the public domain of the United States , a miner may hold the place in which he may be ...
... lode was discovered in the Highland Mary dis- covery shaft , and such lode extends from that discovery shaft to the ground in controversy . On the public domain of the United States , a miner may hold the place in which he may be ...
Seite 42
... lode must have been found in the discovery shaft , and the lode must extend from that point to the ground in dispute . Perhaps there is some doubt here also whether any body of mineral or mineral- ized rock that may be called a lode was ...
... lode must have been found in the discovery shaft , and the lode must extend from that point to the ground in dispute . Perhaps there is some doubt here also whether any body of mineral or mineral- ized rock that may be called a lode was ...
Seite 43
... lode extends from thence into the ground in dispute , the defendant will prevail . Because , as was before explained ... lode in July , 1878 , the locators had sunk their shaft to the point where they claim to have found the lode ; but ...
... lode extends from thence into the ground in dispute , the defendant will prevail . Because , as was before explained ... lode in July , 1878 , the locators had sunk their shaft to the point where they claim to have found the lode ; but ...
Seite 44
... lode , though not having filed upon the claim as required by law , cannot be ousted by a subsequent discoverer , as to the ground actually held . And the burden is upon the plaintiff to show that a defend- ant who had formerly been in ...
... lode , though not having filed upon the claim as required by law , cannot be ousted by a subsequent discoverer , as to the ground actually held . And the burden is upon the plaintiff to show that a defend- ant who had formerly been in ...
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act of congress action agent alleged assignee authority Bank of Montreal Barnesville Beadle bill of review bonds cause Cerro Gordo county certificate circuit court citizens claim Colorado commissioners complainant construction contract controversy conveyance corporation counsel court of equity creditors damages debts decree deed defendant demurrer District Judge duty entitled equity evidence executed fact federal courts filed fraud fraudulent granted ground held Indian injunction interest Iowa issued judgment jurisdiction jury Kansas Labette County land levy liable lien lode Marion County matter MCCRARY mechanic's lien ment Milwaukee & St Missouri mortgage motion National Bank Nebraska negligence Northern Pacific Railroad notice officers owner parties patent payment person petition plaintiff possession precinct proceedings purchase purpose question Railroad Company Railway Company receiver removal respondent road Roudebush rule Sherman County statute stockholders suit supreme court taxes thereof tion treaty United usury vein verdict writ
Beliebte Passagen
Seite 70 - Constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and, consequently, admits their rank among those Powers who are capable of making treaties. The words " treaty" and " nation" are words of our own language, selected in our diplomatic and legislative proceedings, by ourselves, having each a definite and well understood meaning. We have applied them to Indians as...
Seite 651 - ... defendant never had knowledge of the suit, being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without authority assumes to represent a party and connives at his defeat ; or where the attorney regularly employed corruptly sells out his client's interest to the other side, — these, and similar cases which show that there has never been a real contest in the trial or hearing of the case, are reasons for which a new suit may be sustained to set aside and...
Seite 133 - All crimes not capital, and all disorders and neglects, which officers and soldiers may be guilty of, to the prejudice of good order and military discipline, though not mentioned in the foregoing articles of war, are to be taken cognizance of by a general, or a regimental, garrison, or field officers' court-martial, according to the nature and degree of the offense, and punished at the discretion of such court.
Seite 492 - ... improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed as justice may require, and shall make such order as to costs as shall be just...
Seite 444 - the writ of injunction shall not be granted by any court of the United States to stay proceedings in any court of a state, except in cases where such injunction may be authorized by any law relating to proceedings in bankruptcy.
Seite 410 - ... not sold, reserved, or otherwise disposed of by the United States, and to which a preemption or homestead claim may not have attached at the time the line of said road is definitely fixed...
Seite 375 - Every devise of land, in any will hereafter made, shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear, by the will, that the devisor intended to convey a less estate.
Seite 553 - That the sum of not exceeding 10 per centum of the amount hereby appropriated may be expended by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior...
Seite 174 - The practice, pleading^, 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 j 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.
Seite 174 - States, in cases where they apply;" and § 914 declares that "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.