Reports of Cases Tried and Determined at Nisi Prius, in the Circuit Courts of the State of Michigan, Volume 2Telegraph Printing Company Book-Office, 1871 - Law reports, digests, etc |
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Page 8
... rule , thus firmly established in the United States , at least so far as to say that when the sole jurisdiction of the State court has once at- tached , no subsequent change in the condition of the parties will oust it . I am of the ...
... rule , thus firmly established in the United States , at least so far as to say that when the sole jurisdiction of the State court has once at- tached , no subsequent change in the condition of the parties will oust it . I am of the ...
Page 15
... rule of the civil law giving the privilege of towing on the banks of navigable rivers , and that the privilege is embraced in the public right of navigation , is at variance with the written American constitutional law , and by the ...
... rule of the civil law giving the privilege of towing on the banks of navigable rivers , and that the privilege is embraced in the public right of navigation , is at variance with the written American constitutional law , and by the ...
Page 18
... rule in regard to nav- igable streams is distinctly applied to our tideless streams , and an- nounced as the law ; the Court saying " that the common law rule is the most desirable one so far as fresh water streams are concerned . " The ...
... rule in regard to nav- igable streams is distinctly applied to our tideless streams , and an- nounced as the law ; the Court saying " that the common law rule is the most desirable one so far as fresh water streams are concerned . " The ...
Page 26
... rule as laid down by the authorities seems to be that in cases of this kind if the magistrate has jurisdiction of the subject matter , and if the process is regular upon its face , the officer executing it is protected , and in ...
... rule as laid down by the authorities seems to be that in cases of this kind if the magistrate has jurisdiction of the subject matter , and if the process is regular upon its face , the officer executing it is protected , and in ...
Page 27
... rule of protection . " See also 19 Mich . , 57 ; 6 Mich . , 144 ; 1 Mich . , 85. In the case before us . the execution was regular on its face , and within the apparent jurisdiction of the magistrate issuing it , and the officer ...
... rule of protection . " See also 19 Mich . , 57 ; 6 Mich . , 144 ; 1 Mich . , 85. In the case before us . the execution was regular on its face , and within the apparent jurisdiction of the magistrate issuing it , and the officer ...
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Common terms and phrases
action affidavit affirmed alleged Alpena County amended amount appear application assumpsit attorney bill bond cause certiorari charge CHRISTIANCY Circuit Court Circuit Judge claimed Clair County Clearfield County Clinton river commenced Commissioner complainant complainant's consent contract costs counsel court of equity damages debt declaration decree deed defendant's denied deponent Detroit entitled equity estoppel evidence execution facts fendant filed ground Held injunction interest issue J.-This judgment jurisdiction jury Justice KEMPSEY land liable lien ment mortgage motion Nisi Prius notice objection officer Opinion by CAMPBELL paid parcels party payee payment person plaintiff in error plea pleadings possession premises proceedings promissory note proof provides purchase question reason record recover rendered replevin residence rule sealed verdict set-off Shellman Sheriff statute sufficient suit Supreme Court testator testimony therein tion trespass trial verdict void witness writ
Popular passages
Page 215 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 215 - The records and judicial proceedings of the. courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk and the seal of the court annexed, if there be a seal, together with the certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 7 - Act of 1 867, is much broader in its terms, and provides that where a suit is now pending, or may hereafter be brought in any State Court in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, and the matter in dispute exceeds the sum of five hundred dollars, exclusive of costs, such citizen of another State, whether he be plaintiff or defendant, if he will Peters and child ts.
Page 7 - ... that he has reason to and does believe that, from prejudice or local influence, he will not be able to obtain justice in such state court...
Page 100 - The eminent domain is the rightful authority which exists in every sovereignty to control and regulate those rights of a public nature which pertain to its citizens in common, and to appropriate and control individual property for the public benefit, as the public safety, necessity, convenience and welfare may demand.
Page 100 - But if the public interest can be in any way promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient for them to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose (2 Kent's Com.
Page 7 - And where a suit is now pending, or may be hereafter brought in any state court in which there is a controversy between a citizen of the state in which the suit is brought, and a citizen of another state...
Page 101 - When private property is taken for the use or benefit of the public the necessity for using such property, and the just compensation to be made therefor, except when to be made by the State, shall be ascertained by a jury of twelve freeholders, residing in the vicinity of such property, or by not less than three commissioners, appointed by a court of record, as shall be prescribed by law...
Page 2 - The degrees of kindred shall be computed according to the rule of the civil law; and kindred of the half blood shall inherit equally with those of the whole blood, in the same degree, unless the inheritance came to the intestate by descent, devise or gift of some one of his ancestors, in which case all those who are not of the blood of such ancestor shall be excluded from such inheritance.
Page 230 - ... notice of facts which impeach its validity between the antecedent parties, if he takes it under an indorsement made before the same becomes due, holds the title unaffected by these facts, and may recover thereon, although, as between the antecedent parties, the transaction may be without any legal validity.