Case law

Mercantile Nat. Bank v. Shields

59 F. 952 · U.S. Circuit Court for the District of Northern Ohio · Jan 3, 1894

That tbe foregoing provision was necessary to authorize the states to impose any tax whatever on national bank shares is abundantly established by the cases of McCulloch v. State, 4 Wheat. 316 ; Osborn v. … Section 2, art. 4, further provides that “the citizens of each state shall be entitled to all the privileges and immunities of citizens of the several states.” In Ward v.

United States v. Wilson

28 F. Cas. 725 · U.S. Circuit Court for the District of Northern Ohio · Nov 23, 1855

The principle established is. that if a person is on the panel not having the qualification of a juror as required .by law, the action of the whole jury is vitiated and an indictment found by them would be void. … It is not claimed that any of the jury were disqualified to serve by reason of not being qualified electors in the district.

Raynolds v. Hanna

55 F. 783 · U.S. Circuit Court for the District of Northern Ohio · Jan 18, 1893

But, in order to give such a qualified estate, instead of an absolute one, the language of the testator musí he such' as clearly to import an intention to do so. … It cannot be so fenced about by inhibitions ,and restrictions as to secure to it the inconsistent characteristic right and enjoyment to the beneficiary and immunity from his creditors,” There is no statute of Ohio establishing

Hercules Iron Works v. Dodsworth

57 F. 556 · U.S. Circuit Court for the District of Southern Ohio · Oct 2, 1893

Concede that this is trué; I do not think that the weight of evidence is clearly in favor of 60 hours as a freezing period. … Such evidence does not so clearly establish a necessary freezing period longer than 52 or 53 hours as to require the court to say that the jury, in disregarding it, and in crediting the witnesses for plaintiff, violated its

Bell v. Ohio Life Ins.

3 F. Cas. 116 · U.S. Circuit Court for the District of Southern Ohio · Oct 18, 1858

On the face of this bill’, there is clearly a case for this court; the plaintiffs are aliens, and this imports jurisdiction. … This doctrine, if established, would deprive our citizens of the constitutional privilege of a choice as to courts.

United States v. Inlots

26 F. Cas. 482 · U.S. Circuit Court for the District of Southern Ohio · Nov 15, 1873

Judge Cooley states the principle in his work on Constitutional Limitations (page 525): As under the peculiar American • system the protection and regulation of private right, privileges, and immunities in general property … We know *488 of no reason for giving the term “suit,” as used in the 11th section, a different definition from that clearly established as to the term, in the 25th section of the judiciary act.

Interstate Commerce Commission v. Baltimore & O. R.

43 F. 37 · U.S. Circuit Court for the District of Southern Ohio · Aug 11, 1890

When the qualified-requirement of impartiality in charges as between persons, traffic, or localities similarly circumstanced is disregarded or violated by- the carrier, the prejudice or disadvantage is personal or local, … The' provisions of sections 2 and 3 were certainly not intended to restrict or qualify the rights conceded, *49 and the duty imposed by the first section of making charges “reasonable and just.”

United States v. Burns

24 F. Cas. 1313 · U.S. Circuit Court for the District of Ohio · Oct 15, 1849

There are íany whose experience and intelligence do ot qualify them for a very accurate judg-íent of the charactei of coin, and sucli may e defrauded by it, while others of greater .yperienee and skill in these matters would … There is. therefore, clearly, no misjoinder. The motion in arrest being overruled, judgment was entered on the verdict, that the defendant be confined in the penitentiary, at hard labor, foi five years.

Kimberly v. Arms

40 F. 548 · U.S. Circuit Court for the District of Northern Ohio · Nov 22, 1889

There is wisdom in the establishment of such a provision, and it ought; to he duly enforced. … So far from intending to qualify the rule as laid down in Ricker v.

Ashley v. Quintard

90 F. 84 · U.S. Circuit Court for the District of Northern Ohio · Oct 3, 1898

It is only in a very qualified and somewhat metaphysical sense lliat a corporation is a debtor to its shareholde;rs for their shares. … If the garnishee be a corporation, service may be had on the principal officer or managing agent, clearly including a foreign corporation. Id. § 5534; Railroad Co. v. Peoples, 31 Ohio St. 537 .

Young v. Board of Com'rs

51 F. 585 · U.S. Circuit Court for the District of Northern Ohio · May 21, 1892

Howell's Lessee, 6 Pet. 498 , is relied on by the defendants as establishing a different rule. … But no especial or technical words are required to establish it. 2 Amer. Lead. Cas. p. 23.

Scott v. City of Toledo

36 F. 385 · U.S. Circuit Court for the District of Northern Ohio · Sep 28, 1888

nor even constitutional provisions, if they be inconsistent with previously established legal rights. … Tho first 10 amendments to the constitution recognized and secured to all citizens certain rights, privileges, and immunities essential to their security.

Spooner v. McConnell

22 F. Cas. 939 · U.S. Circuit Court for the District of Ohio · Dec 15, 1838

But these cases are clearly distinguishable from others, where the injunction is held to be the proper remedy. … , or to abate it, if established.

Ex parte Robinson

20 F. Cas. 969 · U.S. Circuit Court for the District of Southern Ohio · Apr 15, 1855

Robinson, marshal of the Southern district of Ohio, says that, on the 20th day of March. 1S55, he was and ever since has been marshal as aforesaid, duly appointed and qualified; that on said day a warrant was delivered- to … It has been considered as no degradation by the supreme court to follow the established construction of the local laws by the courts of the states.

Brattleboro Sav. Bank v. Board of Trustees of Hardy Tp.

98 F. 524 · U.S. Circuit Court for the District of Northern Ohio · Dec 23, 1899

The contention must fail, however, upon clearly-settled authority. … This principle is so well established that a reference need only be made, Avithout discussion, to the cases. See Douglass v. Pike Co., 101 U. S. 677 , 25 L. Ed. 968 ; Loeb v. Trustees (C. C.) 91 Fed. 37 . 3.

Toledo, A. A. & N. M. Ry. Co. v. Pennsylvania Co.

54 F. 746 · U.S. Circuit Court for the District of Northern Ohio · Mar 25, 1893

The authority of the court to issue such an order has been questioned, but it rests on well-established principles. In Beadel v. Perry, L. … In most cases the tenure of office continues until a successor is chosen and qualifies.

Ex parte Everts

8 F. Cas. 909 · U.S. Circuit Court for the District of Southern Ohio · Oct 15, 1858

And that court alone, in its capacity as a court, and not a single judge, is best *913 qualified to decide, judicially, whether the writ is necessary to enforce its jurisdiction. … But, in the light in which I view it, the line of duty is so clearly indicated, that I should be wholly without excuse if I did not follow it.

Griffin v. Clinton Line Extension R.

11 F. Cas. 27 · U.S. Circuit Court for the District of Northern Ohio · Nov 15, 1858

By the rules of law governing the case, this proof of the acts of the company was clearly admissible, as it had no tendency to establish any of the allegations contained in the bill; and it ought, therefore, to be rejected … The members thus associated, had neither the rights, the powers or the immunities of a corporation.

In re Thomas

82 F. 304 · U.S. Circuit Court for the District of Southern Ohio · Jun 30, 1897

thereon, in the same way and manner as if jurisdiction had not been ceded as aforesaid; and provided further, that nothing in this act shall be construed to prevent the officers, employes and inmates of said asylum, who are qualified … Clearly not.

Stevens v. Ohio

93 F. 793 · U.S. Circuit Court for the District of Northern Ohio · May 5, 1899

Be it enacted,” etc., “that whenever one-fourth of the qualified electors of any township, residing outside of any municipal incorporation, *795 shall petition the trustees therefor for the privilege to determine by ballot … In the case under consideration the brewing company set up an establishment within the prohibition territory.