The Federal Reporter, Volume 257West Publishing Company, 1919 - Law reports, digests, etc |
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Page 14
271 , 127 C. C. A. 639 , to indicate in this opinion the decree to be entered on this branch of the case . Nor is it material that appellants do not use appellee's trade - mark in its entirety , if what they do use is misleading and ...
271 , 127 C. C. A. 639 , to indicate in this opinion the decree to be entered on this branch of the case . Nor is it material that appellants do not use appellee's trade - mark in its entirety , if what they do use is misleading and ...
Page 29
The judgment of the District Court is reversed , the verdict is set aside , and the case is remanded to that court for further proceedings not inconsistent with this opinion . FIRST NAT . BANK OF SWEETWATER , TEX . , v . RUST et al .
The judgment of the District Court is reversed , the verdict is set aside , and the case is remanded to that court for further proceedings not inconsistent with this opinion . FIRST NAT . BANK OF SWEETWATER , TEX . , v . RUST et al .
Page 39
Upon objection of defendant in error , the District Judge stated that , in his opinion : “ The defense made in regard to this judgment was an affirmative defense , and therefore the burden was on plaintiff in error .
Upon objection of defendant in error , the District Judge stated that , in his opinion : “ The defense made in regard to this judgment was an affirmative defense , and therefore the burden was on plaintiff in error .
Page 66
In an opinion filed January 15 , 1919 , the judgment of the District Court was reversed on a number of grounds , and the cause remanded , with directions to grant a new trial . One of the grounds upon which the cause was reversed was ...
In an opinion filed January 15 , 1919 , the judgment of the District Court was reversed on a number of grounds , and the cause remanded , with directions to grant a new trial . One of the grounds upon which the cause was reversed was ...
Page 68
stated , especially in view of the fact that the opinion in Russ v . Sims was written by the same judge who wrote the opinion in Whitman v . Giesing . The petition for rehearing is denied . ĘTNA INS . CO . et al . v .
stated , especially in view of the fact that the opinion in Russ v . Sims was written by the same judge who wrote the opinion in Whitman v . Giesing . The petition for rehearing is denied . ĘTNA INS . CO . et al . v .
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Popular passages
Page 466 - In the following rules every steam vessel which is under sail and not under steam is to be considered a sailing vessel, and every vessel under steam, whether under sail or not, is to be considered a steam vessel. The words " steam vessel" shall include any vessel propelled by machinery. A vessel is
Page 62 - The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.
Page 803 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 384 - On the hearing of any appeal, certiorari, writ of error, or motion for a new trial, in any case, civil or criminal, the court shall give judgment after an examination of the entire record before the court, without regard to technical errors, defects, or exceptions which do not affect the substantial rights of the parties.
Page 332 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 202 - All sutlers and retainers to the camp, and all persons whatsoever, serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war.
Page 570 - Of all civil causes of admiralty and maritime jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it, and to claimants the rights and remedies under the workmen's compensation law of any State...
Page 115 - President forthwith to demand of that government the reasons for such imprisonment, and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen, and if the release so demanded is unreasonably delayed or refused, it shall be the duty of the President to use such means, not amounting to acts of war, as he may think necessary and proper...
Page 703 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 258 - ... it shall be unlawful for any person,' persons, or corporation to offer, grant, or give or to| solicit, accept, or receive any rebate, concession, or discrimination in respect of the transportation of any property in interstate or foreign commerce by any common carrier...