Case law

Philbrook v. Newman

85 F. 139 · U.S. Circuit Court for the District of Northern California · Jan 19, 1898

The court, again speaking through Justice Field, said: “In the present case we have looked into the authorities, and are clear, from them, as well as from the principle on which any exemption is maintained, that the qualifying … S. 339 , establishes no different rule than above expressed. In fact, impliedly it supports it.

Wadleigh v. Newhall

136 F. 941 · U.S. Circuit Court for the District of Northern California · Mar 13, 1905

Prom this, statement it very clearly appears' that the plaintiff’s complaint against the defendant is based upon proceedings in the state court resulting in the judicial appointment of a guardian for his minor children and … , and immunities which belong to citizens of the United States as such, but not the rights, privileges, and immunities which belong to the citizens of the state.

In re Sam Kee

31 F. 680 · U.S. Circuit Court for the District of Northern California · May 2, 1887

The case clearly falls within the decision of this court in Re Tie Loy, arising under a similar ordinance of the city of Stockton, (26 Fed. … It also abridges the liberty of the owner to select his own occupation and his own methods in the pursuit of happiness, and thereby prevents him from enjoying his rights, privileges, and immunities, and deprives him of equal

Haines v. McLaughlin

29 F. 70 · U.S. Circuit Court for the District of Northern California · Oct 22, 1886

Eep. 299, and on the authority of this ease wo are asked to reconsider the rule, as long established in this circuit. … The provision is expressly prohibitory,—and “no other compensation” can be taxed and allowed, than such as is clearly “expressly provided.”

In re Godlover

181 F. 731 · U.S. Circuit Court for the District of Northern California · Sep 20, 1910

As contended by the petitioner, well-established principles of statutory construction require that a statute be construed with reference to its spirit and reason, and in such construction it is to be presumed that the legislative … In the absence of some obvious reason, the idéa is not to be readily indulged that Congress intended to make a distinction so clearly to the disadvantage under the law of one situated like the petitioner in favor of one whose

United States v. Hinz

35 F. 272 · U.S. Circuit Court for the District of Northern California · May 21, 1888

Affiant being put to straits, then summoned the grand jurors, or some of them, for the purpose of being prepared to establish the statements made by said Ilinz, before that body, and informed said Ilinz that, if he insisted … We are clearly of the opinion that the application for a continuance should be denied, and it is so ordered.

Home Telephone & Telegraph Co. v. City of Los Angeles

155 F. 554 · U.S. Circuit Court for the District of Southern California · Jul 8, 1907

Again, it has been said: “Grants of immunity from legitimate governmental control are never to be presumed. … It confers nothing, but simply qualifies what has already been conferred.

Waite v. City of Santa Cruz

89 F. 619 · U.S. Circuit Court for the District of Northern California · Sep 29, 1898

S., above cited, leads to the conclusion that the present action is clearly within the jurisdiction of the court. 2. … The facts of this case bring it clearly within the exception stated and applied in the cases just cited.

Charge to Grand Jury

30 F. Cas. 992 · U.S. Circuit Court for the District of California · Aug 22, 1872

For a long period its powers were not clearly defined: and it would seem, from the accounts of commentators on the laws of that country, that it was at first a body, which not only accused, but which also tried public offenders … And more: if, in the course of your inquiries, you have reason to believe that there is other evidence, not presented to you. within your reach, which would qualify or explain away the charge under investigation, it will

In re Lau Ow Bew

47 F. 578 · U.S. Circuit Court for the District of Northern California · Sep 14, 1891

article 2, that “Chinese * * * proceeding to the United States as teachers, students, merchants, * * * shall be allowed to go and come of their own free will ami accord, and shall be accorded all the rights, privileges, immunities … There existed in thatcase two reasons through which the court could have reached its conclusion that the petitioner was not entitled to land, without deciding the direct question that must determine this case: Mrst, it clearly

National Ass'n of Radiation Survivors v. Walters

111 F.R.D. 595 · U.S. Circuit Court for the District of Northern California · May 7, 1986

If plaintiffs can ultimately establish that ionizing radiation claims are, by their very nature, so complex that counsel is required to ensure a constitutionally adequate hearing, injunctive and declaratory relief will clearly … degree, more complex than establishing disability in other cases.

United States v. Central Pac. R.

84 F. 88 · U.S. Circuit Court for the District of Northern California · Dec 23, 1897

Michael Lannon qualified himself to pre-empt land February 11, 1867, by filing his intention to become; a citizen of the United States. … This is, clearly, not sufficient.

Smith v. National Bank of D. O. Mills & Co.

191 F. 226 · U.S. Circuit Court for the District of Northern California · Oct 25, 1911

So here we have a general rule of negligence sought lo he avoided by a local custom. [4] A custom to avoid an otherwise controlling rule of law must be clearly established, and the party sought to be bound thereby must either … Very clearly the evidence as to the existence of a custom was not sufficient to bring knowledge of it directly home to plaintiff, nor to give rise to any presumption of knowledge of its existence on her part.

Ward v. San Diego Land & Town Co.

79 F. 665 · U.S. Circuit Court for the District of Southern California · Mar 22, 1897

While it always has been, and always will be, the purpose and desire of this court not to assume or draw to itself jurisdiction over any subject-matter or party not clearly within its jurisdiction, it can never hesitate to … No argument is necessary to support the position that the court first acquiring jurisdiction of the property in question, and engaged in administering it through a receiver duly appointed and qualified, will not permit any

Erskine v. Chino Val. Beet-Sugar Co.

71 F. 270 · U.S. Circuit Court for the District of Southern California · Dec 20, 1895

The grounds upon which the defendant moves the court for peremptory instructions, although more numerously stated in the motion itself, may be comprehended under three heads, as follows: First, that the evidence fails to establish … the representative capacity of the plaintiff, or, in other words, that she is the duly appointed and qualified executrix of the last will *271 of the deceased, Wilbur F.

Pacific Gas Imp. Co. v. Ellert

64 F. 421 · U.S. Circuit Court for the District of Northern California · Oct 15, 1894

It is clearly untenable, under the decision of the supreme court in Bridge Co. v. Hatch, 125 U. S. 1 , 8 Sup. Ct. 813. … The right of a state to deny riparian rights is clearly established by that case, and the cases it reviews. “jfSaeh state,” Justice Gray said (page 26, 152 U. S., and page 548, 14 Sup.

United States v. Stanford

69 F. 25 · U.S. Circuit Court for the District of Northern California · Jun 29, 1895

They are very clearly and tersely stated by the supreme court in the case entitled U. S. v. Union Pac. R. Co., 91 U. S. 72 . … It is manifest that the declaration that the stockholder is liable for all the debts and liabilities of the corporation “in proportion to the amount of stock by him held” does not establish any rule by which any definite

Turner v. Aldridge

24 F. Cas. 343 · U.S. Circuit Court for the District of Northern California · Aug 15, 1857

That its efficacy has been impaired by modifications and conditions, by some judges in other countries, is clearly manifested by the decisions. … which requires a plaintiff in ejectment to recover upon the strength of his own title, enables a mere trespasser to maintain his possession if he can discover defects in any of the links of the chain of testimony which establishes

Thorpe v. Sampson

84 F. 63 · U.S. Circuit Court for the District of Southern California · Oct 5, 1897

I am clearly of the opinion that said property was the separate property of Mary Chism. Indeed, I can see but little, if any, room for controversy on this point. … Without reference, however, to the statutes of California, or decisions based thereon, except so far as they establish the competency of the probate court to determine questions of heirship, the present suit, it seems to

In re Boone

83 F. 944 · U.S. Circuit Court for the District of Northern California · Dec 7, 1897

Suffice it to say that my relation to this ease qualifies mo to state that the fact I refer to is not simply a,n important one, but it is a vital one. … A privilege or exemption or immunity would cease to be such, and would be rendered useless, if it could be bartered away in that manner.