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action affirming allowing appeal applied approval arguendo assignment authorities Bank bill Blatchf bond cause Circuit Cited Cited and followed Cited and principle City claim collecting Congress Constitution construing contract corporation creditor debt decision decree deed defendant discussing dismissing dissenting opinion Distinguished effect equity error evidence execution facts Federal courts followed fraud give given grant held holding interest Iowa issue judgment jurisdiction jury land liable lien limitations majority holding mortgage notice officer owner party passed patent payment person possession principle proceedings providing purchaser question railroad received record refusing reviewing rule Smith statute subsequent sufficient suit Supreme Court sureties sustaining term tion trust U. S. App United valid void Wall Wood writ
Page 400 - The writ of habeas corpus shall in no case extend to a prisoner in jail, unless where he is in custody under or by color of the authority of the United States...
Page 332 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 847 - It is a well established principle that where an individual in the prosecution of a right does everything which the law requires him to do, and he fails to attain his right by the misconduct or neglect of a public officer, the law will protect him.
Page 130 - Court have uniformly supposed, that the true interpretation of the thirty-fourth section limited its application to State laws strictly local, that is to say, to the positive statutes of the State, and the construction thereof adopted by the local tribunals...
Page 254 - It is difficult, perhaps, to draw a line that would be applicable in all cases between legitimate alterations of the remedy, and provisions which, in the form of remedy, impair the right. But it is manifest that the obligation of the contract and the rights of a party under it, may in effect be destroyed by denying a remedy altogether; or may be seriously impaired by burdening the proceedings with new conditions and restrictions, so as to make the remedy hardly worth pursuing.
Page 185 - When the Revolution took place the people of each State became themselves sovereign, and in that character hold the absolute right to all their navigable waters, and the soils under them, for their own common use, subject only to the rights since surrendered by the Constitution to the general government.
Page 810 - Such use, however, ought to be for such a length of time that the public accommodation and private rights might be materially affected by an interruption of the enjoyment...
Page 478 - ... the jurisdiction of any court exercising authority over a subject may be inquired into in every other court, when the proceedings in the former are relied upon, and brought before the latter, by a party claiming the benefit of such proceedings.
Page 744 - It only confers a right to levy on the same to the exclusion of other adverse interests subsequent to the judgment; and when the levy is actually made on the same, the title of the creditor for this purpose relates back to the time of his judgment, so as to cut out intermediate incumbrances.