Findlay V. McAllister
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Findlay V. McAllister
''Findlay v. McAllister'', 113 U.S. 104 (1885), was a Lawsuit, suit brought against Thomas Francis McAllister, Thomas McAllister and 14 other defendants, to recover damages as follows: Background Findlay, the plaintiff, owned bonds with coupons issued by Scotland County, Missouri, which were recovered on September 25, 1877 in the same circuit court where action was brought, with a judgment on the coupons against the county in the amount of $4,008.86. The county failed to pay the judgment, so the circuit court issued a peremptory writ of mandamus, which commanded the county court to Judgment (law), levy and cause to be collected a special tax on all taxable property within the county in order to pay the judgment, including interest as well as other costs. This was also ordered for several other plaintiffs in like circumstances.. The county court levied a special tax, called a 'judgment tax,' with an amount sufficient to pay off all the judgments, and placed it on the books of the ...
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Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private party ...
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Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ...
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United States Securities Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Supreme Court Cases Of The Waite Court
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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United States Supreme Court Cases
This page serves as an index of lists of United States Supreme Court cases. The United States Supreme Court is the highest federal court of the United States. By Chief Justice Court historians and other legal scholars consider each Chief Justice of the United States who presides over the Supreme Court of the United States to be the head of an era of the Court. These lists are sorted chronologically by Chief Justice and include most major cases decided by the Court. * Jay, Rutledge, and Ellsworth Courts (October 19, 1789 – December 15, 1800) * Marshall Court (February 4, 1801 – July 6, 1835) * Taney Court (March 28, 1836 – October 12, 1864) * Chase Court (December 15, 1864 – May 7, 1873) * Waite Court (March 4, 1874 – March 23, 1888) * Fuller Court (October 8, 1888 – July 4, 1910) * White Court (December 19, 1910 – May 19, 1921) * Taft Court (July 11, 1921 – February 3, 1930) * Hughes Court (February 24, 1930 – June ...
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List Of United States Supreme Court Cases, Volume 113
This is a list of cases reported in volume 113 of ''United States Reports'', decided by the Supreme Court of the United States in 1885. Justices of the Supreme Court at the time of volume 113 U.S. The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six (one chief justice and five associate justices). Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices (always including one chief justice). When the cases in volume 113 U.S. were decided the Court comprised the following nine members: Citation style Under the Judiciary Act of 1789 the federal court structure at the tim ...
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City Of Quincy V
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be defined as a permanent and densely settled place with administratively defined boundaries whose members work primarily on non-agricultural tasks. Cities generally have extensive systems for housing, transportation, sanitation, utilities, land use, production of goods, and communication. Their density facilitates interaction between people, government organisations and businesses, sometimes benefiting different parties in the process, such as improving efficiency of goods and service distribution. Historically, city-dwellers have been a small proportion of humanity overall, but following two centuries of unprecedented and rapid urbanization, more than half of the world population now lives in cities, which has had profound consequ ...
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Ackley School District V
Ackley may refer to: * Ackley (surname) * Ackley, Iowa Ackley is a city in the Franklin and Hardin counties in the U.S. state of Iowa. The population was 1,599 at the 2020 census. History In 1852, immigrants began purchasing farms and settling in the north Hardin County area. In the fall of 1852, ... * Ackley, Wisconsin * '' Ackley Bridge'', a British drama television series {{disambiguation, geo ...
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Stephen Johnson Field
Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an American jurist. He was an Associate Justice of the United States Supreme Court from May 20, 1863, to December 1, 1897, the second longest tenure of any justice. Prior to this appointment, he was the fifth Chief Justice of California. Early life and education Born in Haddam, Connecticut, he was the sixth of the nine children of David Dudley Field I, a Congregationalist minister, and his wife Submit Dickinson, a teacher. His family produced three other children of major prominence in 19th century America: David Dudley Field II the prominent attorney, Cyrus Field, the millionaire investor and creator of the Atlantic Cable, and Rev. Henry Martyn Field, a prominent clergyman and travel writer. He grew up in Stockbridge, Massachusetts, and went to Turkey at thirteen with his sister Emilia and her missionary husband, Rev. Josiah Brewer. He received a B.A. from Williams College, Williamstown, Massachusetts, in 1837. W ...
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Samuel Freeman Miller
Samuel Freeman Miller (April 5, 1816 – October 13, 1890) was an American lawyer and physician who served as an Associate Justice of the Supreme Court of the United States, associate justice of the United States Supreme Court, U.S. Supreme Court from 1862 until his death in 1890. Early life, education, and medical career Born in Richmond, Kentucky, Miller was the son of Yeoman#United States, yeoman farmer Frederick Miller and his wife Patsy. He earned a medical degree in 1838 from Transylvania University in Lexington, Kentucky, Lexington, Kentucky. While practicing medicine for a decade in Barbourville, Kentucky, he studied the law on his own and was admitted to the bar in 1847. Favoring the Abolitionism in the United States, abolition of slavery, which was prevalent in Kentucky, he supported the Whig Party (United States), Whigs in Kentucky. Career In 1850, Miller moved to Keokuk, Iowa, Keokuk, Iowa, which was a state more amenable to his views on slavery, and he immed ...
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Mandate (criminal Law)
A criminal court may impose a "mandate" as part of a legal process on a person accused of a crime consisting of an obligation to engage in certain conditions or activities in exchange for suspension or reduction in penalty; such as, conditions of probation, conditional discharges, or other conditional sentences. For example, a defendant convicted of driving while intoxicated or drug possession may be mandated to engage in alcoholism or substance abuse rehabilitation. The term is paradoxical because acceptance of the "mandate" is a voluntary act by the defendant, who also has the option of serving what would most generally (though the relative weight is a matter determined by the individual's perspective and readiness to change) be viewed as a harsher alternative, such as incarceration. In this sense, the mandate is not truly ''mandatory'', but is instead a type of legal fiction wherein the court assumes an illusion of power which, in actuality, is constrained by the defendant's ...
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Thomas Francis McAllister
Thomas Francis McAllister (March 4, 1896 – November 10, 1976) was a United States circuit judge of the United States Court of Appeals for the Sixth Circuit. Education and career Born in Grand Rapids, Michigan, McAllister was a volunteer in the French Foreign Legion from 1917 to 1918. He received an Artium Baccalaureus degree from the University of Michigan Law School in 1918 and read law to enter the bar in 1921. He was in private practice in Grand Rapids from 1921 to 1937. He was a member of the Michigan State Advisory Liquor Commission in 1933. He was a Democratic candidate for the United States House of Representatives from Michigan in 1934 and 1936. He was a special assistant to the United States attorney general for the Criminal Division of the United States Department of Justice in 1937. He was a justice of the Supreme Court of Michigan from 1938 to 1941. He was a member of the Attorney General's Commission on Bankruptcy Administration in 1939. Federal judicial servic ...
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