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Marshall Vs. Holmes
Cites for this judgment
- US Supreme Court
- Nov 09, 1891
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U.S. 589 (1891) U.S. Supreme Court Marshall v. HolmesSearch
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U.S. 589 (1891) Marshall v. HolmesSearch
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whether, under the allegations and proof, a case is made which entitles the plaintiff to the relief asked. Barrow v. HuntonSearch
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U. S. 640 , and Arrowsmith v. GleasonSearch
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U. S. 86 , distinguished from Nougue v. ClappSearch
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U. S. 551 , and Graham v. BostonSearch
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in that court, notwithstanding the order of the state court refusing to recognize the right of removal. Steamship Co. v. TugmanSearch
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St. Paul & Chicago Railway v. McLeanSearch
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Stone v. SouthSearch
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Crehore v. OhioSearch
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Marine Ins. Co. v. HodgsonSearch
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Floyd v. JayneSearch
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Johns.Ch. 479, 482. See also United States v. ThrockmortonSearch
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A leading case upon this subject is Barrow v. HuntonSearch
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then they constitute an original and independent proceeding, and according to the doctrine laid down in Gaines v. FuentesSearch
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only, the case was held not to be cognizable in the courts of the United States. The rules laid down in Barrow v. HuntonSearch
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were applied in Johnson v. WatersSearch
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U. S. 640 , 111 U. S. 667 , and Arrowsmith v. GleasonSearch
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U. S. 86 , 129 U. S. 101 . In Johnson v. WatersSearch
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In Arrowsmith v. GleasonSearch
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take from him the benefit of judgments obtained by fraud. It was contended at the bar that the cases of Nougue v. ClappSearch
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proceed upon any ground inconsistent with the principles announced in the cases above cited. It is true that in Nougue v. ClappSearch
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purchaser at the sale, was a party. Here, the resemblance between that case and the one before us ends, for in Nougue v. ClappSearch
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he was a party. This requirement of diligence is, as it ought to be, enforced with strictness. The case of Graham v. BostonSearch
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Hartford & Erie Railroad does not differ in principle from Nougue v. ClappSearch
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U.S. Supreme Court Marshall v. HolmesSearch
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and Arrowsmith v. GleasonSearch
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and Graham v. BostonSearch
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Steamship Co. v. TugmanSearch
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In Johnson v. WatersSearch
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of Nougue v. ClappSearch
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of Graham v. BostonSearch
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Johnson v. WatersSearch
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Knox County v. HarshmanSearch
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