Judgment Search Results Home > Cases Phrase: civil courts amins act 1856 repealed Sorted by: old Page 2 of about 13,871 results (0.177 seconds)

Boers Vs. Preston

Court : US Supreme Court

..... than five dollars against another citizen who had been clothed by some foreign government with the consular office, should be compelled to go into the supreme court to have a jury summoned in order to enable him to recover it; nor could it have been intended that the time of that court, with all its high duties to perform, should be taken up with the trial of every petty offense that might be committed by a consul in any part of the united ..... , who again held that the constitutional grant of original jurisdiction to this court in cases affecting consuls; the legislative grant in the act of 1789 to this court of original but not exclusive jurisdiction of suits in which a consul or vice-consul is a party, and the legislative grant of jurisdiction to the district courts, exclusive of the state courts, of suits against consuls or vice-consuls, did not prevent the circuit courts, which had jurisdiction of suits to which an alien was a party, from taking ..... of all suits against consuls or vice-consuls," except for certain offenses; by section 629, that "the circuit courts shall have original jurisdiction" of certain classes of cases, among which are civil suits in which an alien is a party; by section 687, that this court shall have "original but not exclusive jurisdiction of all suits . . . ..... but by the act of february 18, 1875, that part of section 711 last quoted was repealed (supp.rev.stat. p. .....

Oberteuffer Vs. Robertson

Court : US Supreme Court

..... sections twenty-nine hundred and seven and twenty-nine hundred and eight of the revised statutes of the united states, and section fourteen of the act entitled 'an act to amend the customs revenue laws, and to repeal moieties', approved june 22, 1874, be, and the same are hereby, repealed, and hereafter none of the charges imposed by said sections or any other provisions of existing law shall be estimated in ascertaining the value of goods to be imported, ..... brewster) given to the secretary of the treasury on january 11, 1884, and as there have been decisions of circuit courts in accordance with those views (although there have been some to the contrary), the question involved has been carefully considered by this court, and the judges are unanimously of opinion that the true view of the statute in force at the time the goods in this case were entered is that announced in this ..... at the trial, the jury rendered a verdict for the defendant, by direction of the court, and there was a judgment for him for costs, to review which the plaintiffs have brought a writ of ..... results from these views that the judgment of the circuit court must be reversed and the case be remanded to that court with a direction to grant a new trial. ..... 499 error to the circuit court of the united states for the southern district of new york syllabus under section 7 of the act of march 3, 1883, 22 ..... was removed into the circuit court of the united states by ..... an action brought in a state court in new york by reece m. .....

Mormon Church Vs. United States

Court : US Supreme Court

..... interest to said church of jesus christ of latter-day saints, nor have there been nor are there now any trusts of a definite and legal character upon which this court, sitting as a court of chancery, can administer the personal property hereinbefore set out, and it is furthermore adjudged that all and entire the personal property set out in this decree as having ..... the unlawful practice as an integral part of their religious usages, the question arises whether the government, finding these funds without legal ownership, has or has not the right, through its courts and in due course of administration, to cause them to be seized and devoted to objects of undoubted charity and usefulness -- such, for example, as the maintenance of schools -- ..... estate referred to, owned by the corporation, is subject to escheat to the united states; that on the 19th day of february, 1887, by the said act of that date, the charter and act of incorporation of the corporation aforesaid was disapproved, repealed, and annulled by congress, and the corporation was dissolved, and all the real estate owned and occupied by it in excess of $50,000, not held or ..... act regulating procedure, approved december 30, 1852, declared that all the courts of the territory should have "law and equity jurisdiction in civil ..... whitney took possession of lot six, in said block; that sometime in the year 1856, the church of jesus christ of latter-day saints, by its agents, took possession of the south half of said lots, and placed .....

In Re Hohorst

Court : US Supreme Court

..... united states for the southern district of new york to command them to take jurisdiction and proceed against the hamburg-american packet company upon a bill in equity filed in that court on september 15, 1888, by the petitioner, described in the bill as of the city of new york, and a citizen of the state of new york, against "the hamburg-american packet company, a corporation organized and ..... the section now in question at the outset speaks only of so much of the civil jurisdiction of the circuit courts of the united states as is "concurrent with the courts of the several states," and as concerns cases in which the matter in dispute exceeds $2,000 ..... the words of that provision as it now stands upon the statute book are that "no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof ..... but those decisions went no further than to hold that, within the meaning of the judiciary acts, a corporation cannot be considered a citizen, an inhabitant, or a resident of a state in which it has not been incorporated, and that under the act of 1888, a corporation incorporated in one of the united states, and in that state only, cannot be compelled to answer in another state in which it has a usual place of business, and of which the plaintiff ..... by a consideration of the earlier statutes upon this subject, which, although repealed, may properly be referred to in aid of the construction of existing laws .....

Champaden Vittil Lakshmi Amma Vs. Kunnummal Pukkott Thottathil Janamaj ...

Court : Chennai

Reported in : (1894)4MLJ183

..... the subsequent arithmetical computation, by which the fee payable was ascertained, and that section 12 of the court fees act virtually repealed section 36 of the code of civil procedure.8. ..... the decision therein adopted the principle, that where a later act is absolutely repugnant in one of its provisions, to a provision in a former act, the earlier enactment is pro tanto repealed and the learned judges who took part in that case came to the conclusion that under section 12 of the court fees act the decision of the lower court on the amount of court fee payable was final, that the category in which a suit is to be placed was as essential an element of valuation as ..... here that section 36 of the civil procedure code was not mentioned in the second or third schedule of the court fees act amongst the enactments wholly or partially repealed and this circumstance gave rise to a doubt as to whether section 12 repealed section 36, when the question came to be considered by the high courts at calcutta and allahabad.9. ..... depend on the construction which ought to be put on section 12 of the court fees act and on the provisions of the code of civil procedure relating to the same matter.5. .....

Ramanath Ghose Vs. Brojodurlabh Sinha

Court : Kolkata

Reported in : (1897)ILR24Cal908

..... :after the code of civil procedure became law, the regulation (iii) of 802 was repealed by act x of 1861; and, alluding to this fact, the high court, ruled that the sections relating to the settlement of suits by oath, when the parties mutually consent to that mode of settlement, being repealed, the courts no longer possess the power of following that procedure, though there is nothing pi to prevent the courts, if they have the ..... court existed, an applicant could not appeal to act viii of 1859, for that act was only, an act to simplify the procedure of the civil courts in the mofussil and had no application to the supreme court ..... act viii of 1859 was an act to simplify the procedure of the civil courts in the mofussil, and did not apply to courts established by royal charter, so judges, considering that no change in the law was intended, followed the decision of the sudder dewani of 1851 in regard to compromises in courts ..... dewani decided as follows: 'we are of opinion that, at any time before deeds of adjustment, withdrawal of claim, or the like which may have been filed in a court by petition, have been brought before the ' court for its order and decree in the case, a plaintiff is at full liberty ony his own responsibility to recall any application which may have been made by the petition for ..... merits and not in accordance with any procedure sanctioned by law, it must be set aside, and the case restored to the file of the principal sudder amin for investigation on the merits.'33. .....

Nando Lal Basak Vs. N.N. Mitter

Court : Kolkata

Reported in : (1899)ILR26Cal852

..... or revoke all such sanctions without limitation--a general power, that is, of reviewing the action of a subordinate court, whether the case be one that falls under section 195 or section 197 of the code, and it was contended that since the high court is empowered by section 435 to call for and examine the proceedings of all subordinate courts for the purpose of considering the legality and propriety of such proceedings, it is empowered implicitly to pass proper ..... but we agree with the view which was no doubt intended to be expressed in the circular, namely, that section 167 relates only to those acts and omissions which are declared in the penal code to be offences when they are committed by a public servant': this criticism of the circular order is ..... the language of section 439 of the code of criminal procedure, where the revisional powers of the court are specified, and pointed out, that while all the powers of a court of appeal under section 195 of the code are conferred on the high courts, there is no power given to interfere in any way with a sanction granted under section 197. ..... appears from the affidavit and petition put in by the petitioner in support of the rule that he is a pleader of the judge's court of the 24-pergunnahs, and that on the 7th april last he appeared on behalf of the prosecution in the case of chumroo singh ..... in delivering the judgment of the court said: 'we are of opinion that the scope of section 466 extends to all acts ostensibly done by a public servant, .....

Murphy Vs. Massachusetts

Court : US Supreme Court

..... 172 , it was reiterated that "the state has full control over the procedure in its courts, both in civil and criminal cases, subject only to the qualification that such procedure must not work a denial of fundamental rights, or conflict ..... plaintiff in error, a citizen of the commonwealth of massachusetts and of the united states, was tried in the superior court of massachusetts on an indictment which charged him in sixty-four counts with the embezzlement of different sums of money on different days between july 19, 1892, and november 29, 1893, contrary to the ..... be decided that the prior statutes were repealed by the act of 1895, and that, as he could not be sentenced under that act, he might be discharged altogether. ..... in the present case was rendered necessary by reason of the fact that trezza, by his own act in his own interest, had by his appeal prevented the execution of the death penalty at the ..... in error voluntarily accepted the result, and it is well settled that a convicted person cannot by his own act avoid the jeopardy in which he stands, and then assert it as a bar to subsequent jeopardy. ..... 144, that the indeterminate sentence act might be applicable to convictions for offenses committed prior to its passage, although the question was not definitely presented and disposed of, and then to the ..... other things, that "so far as the confinement had taken place under the first sentence and warrant, that resulted from the voluntary act of the petitioner in prosecuting an appeal. ..... acts .....

Mutual Life Ins. Co. Vs. Mcgrew

Court : US Supreme Court

..... was not the law of california, and that the judgment of divorce rendered in that republic, in pursuance of the statute so construed, should, by comity, be given effect by the courts of california as a decree of divorce; that the statute of hawaii declaring that, where a divorce is decreed for the adultery of the wife, the husband shall take her personal ..... court also considered the point that the statute in question, section 1331 of the civil code, was repealed by implication by the married women's ..... act, it was provided that the laws of hawaii not inconsistent with the constitution and laws of the united states or the provisions of the act should remain in force, subject to repeal or amendment, but the act forfeiting the wife's property was ..... was cited, in which, referring to certain cases relating to the pleadings and matters of record, it was said "that the right of a court to act upon what is, in point of fact, known to it must be subordinate to those requirements of form and orderly communication which regulate the mode of bringing controversies into court, and of stating and conducting them ..... . appellate jurisdiction was conferred on this court by the twenty-fifth section of the judiciary act of 1789, over final judgments and decrees in any suit in the highest court of law or equity of a state in which a decision in the suit could be had, in three classes of cases: the first class was where the ..... court said that it was glad to know that the section had been .....

Giles Vs. Harris

Court : US Supreme Court

..... derive an advantage from it; but the rule springing from the nature and limits of the judicial power of the united states is inflexible and without exception, which requires this court, of its own motion, to deny its own jurisdiction, and, in the exercise of its appellate power, that of all other courts of the united states, in all cases where such jurisdiction does not affirmatively appear in the record on which, in the exercise of that power, it is ..... . this case is embraced by that clause of the act of 1887-88 which provides that the circuit court shall have original cognizance "of all suits of a civil nature, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of $2,000, and arising under the constitution or laws of the united states." 2 ..... ." by that act, the conflicting provisions of previous acts were repealed, except in certain particulars, among which were the provisions relating to "any jurisdiction or right mentioned . . ..... ., and now assumes, was not repealed by any subsequent statute, and therefore that the value of the matter in dispute is of no consequence ..... . that act expressly repealed previous statutes in conflict with its provisions ..... . that question necessarily involves the inquiry whether subdivision 16 of section 629 and section 1979 of the revised statutes were repealed by later acts ..... 72 , that 1979 has not been repealed, and that jurisdiction to enforce its provisions has not been taken away by any later act. .....