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Ober Vs. Gallagher
Cites for this judgment
- US Supreme Court
- Jan 01, 1876
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U.S. 199 (1876) U.S. Supreme Court Ober v. GallagherSearch
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U.S. 199 (1876) Ober v. GallagherSearch
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judicial power of the United States as defined by the Constitution. The decisions to this effect are numerous. Hagan v. WalkerSearch
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Clearwater Page 93 U. S. 205 v. MeredithSearch
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Barnes v. BaltimoreSearch
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R. Bank of Vicksburg v. SlocombSearch
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Pet. 65. In Louisville Railroad Company v. LitsonSearch
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was passed exclusively with an intent to rid the courts of the decision in the case of Strawbridge v. CurtisSearch
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Cranch 267, which, with that of Bank v. DeveauxSearch
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in such court to recover such contents if no assignment had been made. Under this act, it was held, in Sheldon v. SillSearch
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upon the judgment in the courts of the United States in Tennessee. As was well said by Mr. Justice Story in Bean v. SmithSearch
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mortgage, and such a security passes by an assignment of the debt it secures. We so held in Batesville Institute v. KauffmanSearch
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assigned, we should be compelled to recognize it as a rule of property there, and be governed accordingly. Suydam v. WilliamsonSearch
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But we do not understand such to have been the fact. The first case in which this ruling was made was Sheppard v. ThomasSearch
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by a divided court, two out of the five judges dissenting. This case was followed also by a divided court in Jones v. DossSearch
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Laws, 1873, p. 217, sec. 28. This legislation was followed, at the December Term, 1873, by the case of Campbell v. RankinSearch
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the case, Page 93 U. S. 208 the circuit court was right in following our decision in Batesville Institute v. KauffmanSearch
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especially as its decision was not made until after the doubts expressed in Campbell v. RankinSearch
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U.S. Supreme Court Ober v. GallagherSearch
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Hagan v. WalkerSearch
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Commercial & R. Bank of Vicksburg v. SlocombSearch
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In Louisville Railroad Company v. LitsonSearch
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of Strawbridge v. CurtisSearch
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of Bank v. DeveauxSearch
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Bean v. SmithSearch
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Sheppard v. ThomasSearch
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Jones v. DossSearch
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of Campbell v. RankinSearch
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Campbell v. RankinSearch
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Suydam v. WilliamsonSearch
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