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Judgment Search Results Home > Cases Phrase: citizenship constitution of india Year: 1908 Page 1 of about 13 results (0.036 seconds)

Nov 09 1908 (FN)

Twining Vs. State

Court : US Supreme Court

Decided on : Nov-09-1908

..... laws, is the act of the state. exemption from compulsory self-incrimination in the state courts is not secured by any part of the federal constitution. there is a citizenship of the united states and a citizenship of the state which are distinct from each other, slaughter house cases, 16 wall. 36, and privileges and immunities, although fundamental, which do ..... not arise out of the nature and character of the national government, or are not specifically protected by the federal constitution, are attributes of state, and not of national, citizenship. the first eight amendments are restrictive only of national action, and, while the fourteenth amendment restrained and limited state action, it did not take ..... political consequences, it was not deemed sufficient for the complete protection of the essential rights of national citizenship and personal liberty. although the nation was restrained by existing constitutional provisions from encroaching upon those rights, yet, so far as the federal constitution was concerned, the states could at that time have dealt with those rights upon the basis entirely ..... be true that the exemption from self-incrimination is not, as a fundamental right of national citizenship, included in the privileges and immunities of citizens of the united states, counsel insist that, as a right specifically granted or secured by the federal constitution, it is included in them. this view is based upon the contention which must now .....

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Mar 23 1908 (FN)

Ex Parte Young

Court : US Supreme Court

Decided on : Mar-23-1908

..... is primarily asserted on the part of the petitioner that jurisdiction did not exist in the circuit court because there was not the requisite diversity of citizenship, and there was no question arising under the constitution or laws of the united states to otherwise give jurisdiction to that court. there is no claim made here of jurisdiction on the ground of diversity ..... public affairs should be subject to and controlled by the members of judicial tribunals without their consent, and in favor of individual interests. to secure the manifest purposes of the constitutional exemption guaranteed page 209 u. s. 189 by the eleventh amendment requires that it should be interpreted, not literally and too narrowly, but fairly, and with such breadth and ..... of fact, its solution raises a federal question, and the sufficiency of rates is a judicial question over which the proper circuit court has jurisdiction, as one arising under the constitution of the united states. whether a state statute is unconstitutional because the penalties for its violation are so enormous that persons affected thereby are prevented from resorting to the courts ..... of citizenship, and the claim, if made, would be unfounded in fact. if no other ground exists, then the order of the circuit court assuming to punish petitioner .....

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May 18 1908 (FN)

Boston and Maine R. Vs. Gokey

Court : US Supreme Court

Decided on : May-18-1908

..... court upon the sole question of jurisdiction of the character herein presented, the jurisdiction not resting upon the ground that the suit arose under the constitution, laws, or treaties of the united states, page 210 u. s. 162 but it had the right to go to the circuit court ..... and its decision of all questions appearing in this record would be final, on account of the jurisdiction of the circuit court resting on diversity of citizenship alone, unless this court should review it by a writ of certiorari. this principle was decided in american sugar refining co. v. new orleans, 181 ..... . in this we think the defendant was right. the original jurisdiction of the circuit court was invoked upon the sole ground of diversity of citizenship. the defendant assailed the jurisdiction of that court because of an alleged defective writ, and also because of the alleged defective service of that writ ..... in the circuit court of the united states for the district of vermont. the jurisdiction of the court was founded solely upon the diversity of citizenship, the plaintiff being a citizen of vermont and the railroad being a citizen of massachusetts and operating, as lessee, the connecticut & passumpsic rivers ..... such appeal, it is the duty of that court to decide all questions in the record, and, if jurisdiction was originally invoked for diversity of citizenship, the decision would be final except as subject to review by this court on certiorari. where the circuit court of appeals has refused to decide .....

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May 04 1908 (FN)

Scully Vs. Bird

Court : US Supreme Court

Decided on : May-04-1908

..... probably be justified in dismissing it upon motion; but the suit is not against the state, but against adams individually, and if the requisite diversity of citizenship exist, or if the case arise under the constitution or laws of the united states, the question whether he is so identified with the state that he is exempt from prosecution, on account of the ..... , as certified, "that there was no jurisdiction in this matter, because the bill was a suit against the state of mississippi, and in violation of the eleventh amendment to the constitution of the united states." we said, by mr. justice page 209 u. s. 486 brown, that such a question is "one which we think belongs to the merits, rather than ..... the court from the face of the bill that this suit is, in effect, a suit against the state of michigan within the meaning of the eleventh amendment to the constitution of the united states, and that therefore this suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of a federal court." the court expressed .....

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1908

In Re Metropolitan Railway Receivership

Court : US Supreme Court

Decided on : Jan-01-1908

..... however argued that, although there may be jurisdiction in the case of railroads engaged in interstate commerce, yet they are exceptions, because in such a case they arise under the constitution, although there may not have been an actual controversy between the parties. such cases, it is said, cannot properly be regarded as precedents for claiming jurisdiction in the case of ..... appointment of receivers -- the case stands as though the objection never existed. where the averments of the bill are true, and there is no question as to the diversity of citizenship, or any evidence that a case was fraudulently created to give jurisdiction to the federal court, the case will not be regarded as collusive merely because the parties preferred to ..... the circuit court jurisdiction; in cases in which this court has sustained the jurisdiction of the circuit court in the appointment of receivers, jurisdiction existed by reason of diversity of citizenship, and not merely because the defendants were engaged in interstate commerce. the defense in an equity suit that the complainant has not exhausted his remedy at law, or is not ..... the denial by the defendant of the existence of the claim or of its amount or validity. in this case, there being such a claim, and the requisite diversity of citizenship, the circuit court had jurisdiction although the defendant admitted the facts and the liability, waived the objection that the complainants were not entitled to equitable relief, and joined in the .....

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Nov 16 1908 (FN)

Louisville and Nashville R. Co. Vs. Mottley

Court : US Supreme Court

Decided on : Nov-16-1908

..... 211 u. s. 150 be set up and which is invalid under some law or provision of the constitution of the united states. the circuit court has no jurisdiction, in the absence of diverse citizenship, of a suit brought against a railroad corporation to enforce an alleged contract for an annual pass because, ..... claimed an immunity from the taxation by virtue of its charter, and that therefore the tax was void because in violation of the provision of the constitution of the united page 211 u. s. 153 states, which forbids any state from passing a law impairing the obligation of contracts. the cause ..... continental national bank v. buford, 191 u. s. 120 . there was no diversity of citizenship, and it is not and cannot be suggested that there was any ground of jurisdiction except that the case was a "suit . . . arising under the constitution or laws of the united states." 25 stat. 434, c. 866. it is the ..... statute, if it should be construed to render such a contract unlawful, is in page 211 u. s. 152 violation of the fifth amendment of the constitution of the united states. we do not deem it necessary, however, to consider either of these questions, because, in our opinion, the court below was without ..... case, and second, that, if the law is to be construed as prohibiting such passes, it is in conflict with the fifth amendment of the constitution, because it deprives the plaintiffs of their property without due process of law. the defendant demurred to the bill. the judge of the circuit court overruled .....

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Apr 20 1908 (FN)

In Re Moore

Court : US Supreme Court

Decided on : Apr-20-1908

..... therein examines the statutory provisions bearing on the question before us, saying (p. 145 u. s. 446 ): "in carrying out the provision of the constitution which declares that the judicial power of the united states shall extend to controversies 'between citizens of different states,' congress, by the judiciary act of september 24 ..... an inhabitant, and the effect is that," "where the jurisdiction is founded upon any of the causes mentioned in this section, except the citizenship of the parties, it must be brought in the district of which the defendant is an inhabitant, but where the jurisdiction is founded solely ..... brought into the federal court by the process of removal, may in like manner waive his objection to that court. so long as diverse citizenship exists, the circuit courts of the united states have a general jurisdiction. that jurisdiction may be invoked in an action originally brought in a ..... interior construction & improvement company v. gibney, 160 u. s. 217 , 160 u. s. 219 , mr. justice gray thus stated the law: "diversity of citizenship is a condition of jurisdiction, and, when that does not appear upon the record, the court, of its own motion, will order the action to be dismissed. but ..... united states for the eastern division of the eastern judicial district of missouri. this application for removal was based on the ground of diverse citizenship, and alleged that the plaintiff moore was a citizen and resident of the state of illinois; that safford, the next friend, was a .....

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Feb 24 1908 (FN)

Venner Vs. Great Northern Ry. Co.

Court : US Supreme Court

Decided on : Feb-24-1908

..... not comply with equity rule 94 and for that reason must be dismissed. the jurisdiction of the circuit court is prescribed by laws enacted by congress in pursuance of the constitution, and while this court may, by rules not inconsistent with law, regulate the manner in which that jurisdiction shall be exercised, that jurisdiction cannot by such rules be enlarged or ..... . first, was there a controversy between citizens of different states? as the parties were arranged by the plaintiff himself, on the face of the record, there was a diversity of citizenship. the plaintiff was a citizen of new york and the two defendants were citizens of minnesota. but the plaintiff insists that, by looking through the superficial aspects of the controversy ..... the aforesaid motion to remand and the demurrers to the complaint, to-wit: whether or not the complainant's amended bill of complaint showed that there was such diversity of citizenship between the party complainant and the parties defendants in this cause as would be sufficient, under the provisions of the united states revised statutes to confer jurisdiction upon the united ..... parties and subject matter. a cause is removable to the circuit court if it is one of which the court is given jurisdiction. while the court, in determining whether diverse citizenship exists, may disregard the pleader's arrangement of parties and align them according to actual interest, if the plaintiff's controversy is actually with all the parties named as defendants .....

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Dec 07 1908 (FN)

Miller and Lux, Inc. Vs. East Side Canal and Irrig. Co.

Court : US Supreme Court

Decided on : Dec-07-1908

..... court would become of no practical value, and the dockets of the circuit courts of the united states will be crowded with suits of which neither the framers of the constitution nor congress ever intended they should take cognizance." the present case is controlled by the one just cited. the two cases are alike in all material respects. looking at the ..... circuit court of the united states for the southern district of california syllabus while jurisdiction of the circuit court exists even if complainant's motive in acquiring citizenship was to invoke that jurisdiction, the citizenship must be real and actually acquired with the purpose of establishing a permanent domicil. morris v. gilmer, 129 u. s. 315 . where the complainant corporation was organized ..... condition that the acquisition of such citizenship is real, with the purpose to establish a permanent domicil in the state of which he professes to be a citizen at the time of suit, and not fictitious or ..... by what has been said to qualify the general rule, long established, that the jurisdiction of a circuit court, when based on diverse citizenship, cannot be questioned upon the ground merely that a party's motive in acquiring citizenship in the state in which he sues was to invoke the jurisdiction of a federal court. but that rule is attended by the .....

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Apr 06 1908 (FN)

Lang Vs. New Jersey

Court : US Supreme Court

Decided on : Apr-06-1908

..... law neither offers nor withholds substantial rights. it constitutes one of its instrumentalities of persons having certain qualifications which cannot affect essentially the charge against, or the defense of, any defendant. it is the ..... and the only question can be whether, in view of the purpose of the statute, is the classification justified? in other words, whether the persons constituting the classes are in different relations to the purpose of the law. that they are we think is obvious, and, as we have said, the ..... attacks the judgment on the ground that he has been deprived of the equal protection of the laws, in violation of the fourteenth amendment of the constitution of the united states, in that his motion to quash the indictment was denied, a plea in abatement overruled, and that he was required to ..... verified according to law, or on his own oath of affirmation in support thereof; provided, that no exception to any such juror on account of his citizenship or age, or any other legal disability, shall be allowed after he has been sworn or affirmed." act of april 21, 1876. p.l. ..... constituted, but that there would be counteracting disadvantages if the right of challenge should be extended beyond the date of the empanelment of the jury. we think it is competent for the state to have so provided. it will be observed that the provision of the statute is that no exception to a juror "on account of his citizenship .....

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