Case law

Blunt v. Little

3 F. Cas. 760 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1822

It was most clearly established at the trial, that the defendant had no just cause of action to support the arrest, on which the present suit is founded. … Gunning, 4 Term R. 651, it has been qualified or overturned in Chambers v. Caulfield, 6 East, 244, and Hewlett v. Cruchley, 5 Taunt. 277. It is indeed an exercise of discretion full of delicacy and difficulty.

Gray v. Harper

10 F. Cas. 1010 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1841

Sparks ought to be included in the “cost” or not; and there is no evidence to establish in direct terms, how the disputed item was settled between them. … The plaintiffs say, that “cost” includes all the items of cost, there being no qualifying words to limit the meaning.

Reed v. Cutter

20 F. Cas. 435 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1841

The language of the patent act of 1830 (chapter 357, §§ 6, 15) and of the patent act of 1837 (chapter 45, § 9) fully establishes this construction; and, indeed, this has been the habitual, if not invariable, interpretation … And this I take to be clearly law; for he is the first inventor in the sense of the act, and entitled to a patent for his invention, who has first perfected and adapted the same to use; and until the invention is so perfected

Sweatt v. Boston, H. & E. R.

23 F. Cas. 530 · U.S. Circuit Court for the District of Massachusetts · Sep 7, 1871

Evidently the revision contemplated by that clause is of a special and summary character, as sufficiently appears from the words "general superintendence” preceding and qualifying the word “jurisdiction,” and more clearly … , and the same act also provides that the words of the act shall include every company and body of persons associated tor any banking or other commercial purpose, incorporated by statute or charter, or which derives any immunity

Hale v. Washington Ins.

11 F. Cas. 189 · U.S. Circuit Court for the District of Massachusetts · May 15, 1842

And I take it to be now clearly established, that a collision is, in all cases, deemed a peril of the seas, within the words of a policy of insurance, not only when it resulted from accident (see Buller v. … But this personal responsibility does not, at least in modem times, exclude, or supersede, or qualify the right to proceed in rem against the offending ship.

The Packet

18 F. Cas. 969 · U.S. Circuit Court for the District of Massachusetts · May 15, 1824

The claim of Swett & Hammond is framed so as to present only a general and absolute proprietary interest, and gives not the slightest intimation of such a qualified interest, as is now asserted. … Steiglitz & Co., so as to establish them to be the returns of that shipment. But it appears to me, that the evidence clearly establishes this fact. Then again it is objected, that Messrs.

American Street Car Advertising Co. v. Newton St. Ry. Co.

82 F. 732 · U.S. Circuit Court for the District of Massachusetts · Aug 6, 1897

The authorities ordinarily cited to establish a different proposition do not, on examination, seem to us to support it. … The question of utility must clearly be resolved in favor of the complainant.

In re Wetherell

60 F. 267 · U.S. Circuit Court for the District of Massachusetts · Mar 10, 1894

It is contended on behalf of the United States that, as the steel in controversy had no clearly established commercial designation on October 1, 1890, and the term “sheet steel in strips,” in paragraph 148, had no specific … It seems to me that this case comes clearly wi thin this rule.

Donnell v. Columbian Ins. Co.

7 F. Cas. 889 · U.S. Circuit Court for the District of Massachusetts · May 15, 1836

It is sufficient for the court to abstain from any interference, as to a matter of fact, that it is not clearly satisfied, that there has been an unquestionable error. … There are no qualifying phrases, as to the time, or manner, or occasion of the loss; and I do not well see, upon what grounds a court can add to, or qualify the words.

The Reeside

20 F. Cas. 458 · U.S. Circuit Court for the District of Massachusetts · May 15, 1837

It may also be admitted to ascertain the true meaning of a particular word, or of particular words in a given instrument, when the word or words have various senses, some common, some qualified, and some technical, according … There is a most significant circumstance in the evidence, .established, as I think, beyond all reasonable controversy, which shows, that Capt.

Adams v. Bancroft

1 F. Cas. 84 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1838

Unless there be some other section in the act of 1833, or in some other act, which qualifies or modifies this general exemption, there would seem to be an end of the matter. … I have not thought it necessary, therefore, to examine into the form of the declaration, because the statement of facts, agreed to by the parties, clearly brings the case within the statute.

Wyeth v. Stone

30 F. Cas. 723 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1840

No such machinery is, in my judgment, established, by the evidence, to have been known or used before. … If he means to surrender his exclusive right in a qualified manner, or for a qualified trade, he should at the very time give public notice of the nature and extent of his allowance of the public use, so that all persons

United States v. Langton

26 F. Cas. 862 · U.S. Circuit Court for the District of Massachusetts · May 15, 1829

If, then, the sum be mistaken, and we resort to the other words of the instrument to qualify or explain the intention, we there find the bonds described to be those, on which Monroe is surety. … The onus probandi is on the United States in this ease, to establish, that the bond now in controversy is covered by the assignment; for otherwise, Monroe has a right to retain for the deficiency due to him.

Smith v. Burnham

22 F. Cas. 460 · U.S. Circuit Court for the District of Massachusetts · May 15, 1837

“It is a very old principle, to be found very clearly stated in Vernon, (Whaley v. … And yet, if the doctrine had been well established, it seems to me almost impossible that it should not be found clearly stated in the books, as it must be a ease of so frequent recurrence in practice.

United States v. New York, N. H. & H. R.

165 F. 742 · U.S. Circuit Court for the District of Massachusetts · Dec 4, 1908

Webster was quoted as follows: “By the law of the land is most clearly intended the general law; a law 'which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. … The meaning is that every citizen shall hold his ¡life, liberty, property, and immunities under the protection of the general rules which govern society.”

Morley v. Thayer

3 F. 737 · U.S. Circuit Court for the District of Massachusetts · Sep 30, 1880

by a later case, and that the doctrine, if not qualified, is utterly inconsistent with the bankrupt act, unless it be admitted that every corporation which is adjudged bankrupt is dissolved. … Clearly, the remedy in such a case must be by action at law, in accordance with the practice in all or most of the states where similar statutes have been passed. Grund v. Tucker, 5 Kan. 70, 77 .

United States v. The Lilla

26 F. Cas. 938 · U.S. Circuit Court for the District of Massachusetts · May 15, 1863

Special reference is made to the deposition of the acting mate as establishing that fact. He testified that Henry S. … established.

Mellus v. Thompson

16 F. Cas. 1334 · U.S. Circuit Court for the District of Massachusetts · Oct 15, 1858

S.] 530, the same court held, that this provision was clearly confined to personal actions, assigning as the reason for the conclusion, that the power to prosecute or defend is given to the ' executor or administrator of … Yet his representation of his intestate is a qualified one. and extends not beyond the assets of which the ordinary had jurisdiction.

Barnard v. Norwich & W. R.

2 F. Cas. 841 · U.S. Circuit Court for the District of Massachusetts · May 15, 1876

Subsequent locations, if within the indicated lines, are clearly within the express words of the grant. … Search is made in vain for anything to limit or qualify that language.

Green v. City of Lynn

55 F. 516 · U.S. Circuit Court for the District of Massachusetts · Apr 7, 1893

Hovey was put in evidence, the same being clearly rele vant,: — not as a deposition, but as an admission. … Andrews seem to determine clearly its true nature: On page 57, 122 U. S., and page 1083, 7 Sup. Ct.