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action admitted alleged allowed amount answer appeal attachment authority BEATTY bill brought cause cent charge claim common complaint Congress Constitution contract counsel Court-Beatty Court-Lewis damages debt decision deed defendant determine district court dollars doubt duty effect election entered entitled equity error establish evidence execution express facts filed give given gold granted ground held hold hundred instruction intention interest issued James judge judgment Judicial jurisdiction jury justice land language legislature means ment mining mortgage motion necessary Nevada notice objection Opinion paid parties passed person plaintiff pleadings possession practice premises present proceedings proper prove provides question reason received record recover referred refused rendered RESPONDENT rule statement statute sufficient suit sustained taken term territorial testimony tion trial United
Page 42 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be re-examined and reversed or affirmed in the Supreme Court of the United States upon a...
Page 248 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Page 41 - That a final judgment or decree in any suit, in the highest Court of law or equity of a State in which a decision in the suit could be had...
Page 344 - When a judgment, except of death, has been pronounced, a certified copy of the entry thereof upon the minutes must be forthwith furnished to the officer whose duty it is to execute the judgment ; and no other warrant or authority is necessary to justify or require its execution.
Page xiv - The interest mentioned in the statute, which entitles a person to intervene in a suit between other parties, must be in the matter in litigation, and of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment.
Page 808 - ... in the same manner as if it had been allowed by the executor or administrator and the probate judge, and the judgment must be that the executor or administrator pay in due course of administration the amount ascertained to be due.
Page 42 - But no other error shall be assigned or regarded as a ground of reversal in any such case as aforesaid, than such as appears on the face of the record, and immediately respects the before mentioned questions of validity or construction of the said constitution, treaties, statutes, commissions, or authorities in dispute.
Page 703 - A challenge to the panel can be founded only on a material departure from the forms prescribed in respect to the drawing and return of the jury in civil actions, or on the intentional omission of the sheriff to summon one or more of the jurors drawn.