The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 18

The Reporter; Containing Decisions of the Supreme and Circuit Courts of the United States, Courts of Last Resort in the Several States, and the English Courts Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...the pendency of another suit for the same cause in a court of the state will abate an action in this court. Ve are now considering whether in several actions for the same cause between the same parties in a court of the state the parties may proceed to trial in one and afterwards remove another under the Act of 1875, and have the right to try the latter in the federal court. in the negative. That question must be answered It was suv ested, also, that u n an action at law to recover real ag P0 property in a court of the state a bill can be maintained in this court to preserve the property pending the suit at law; but that rule is applicable only when the jurisdiction of the state court has not been invoked. If in the principal suit at law relief by way of injunction is asked for, there can be no ground upon which to ask for the same thing in this court. Before the application to remove the suit of November 10, 1883, was made in the district court of the state, all matters in controversy between the parties had been tried and once determined in that court, and the right of removal no longer existed. The suit of November 10, 1883, was improperly removed to this. AVERY v. WILSON. (United States Circuit Court, W. D. North Carolina. 1. Patent Rig/lat-Irgfringement-Lunatic. A decree for an account of profits derived from the infringement of a patent right by a lunatic may be made against him. 2. Lunatic-Su1port--Allowance for as ngziinst Creditor-Nut made after Recovery. A court of equity will not allow creditors ofs lunatic to have satis. faction of their debts out of his estate until provision is made for reserving n suflicient amount for the comfortable support of the lunatic and his family; but after he has recovered his sanity no allowance...show more

Product details

  • Paperback | 616 pages
  • 189 x 246 x 31mm | 1,084g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236948335
  • 9781236948335