Henry Billings Brown

Name: Cowley v. Northern Pacific Railroad Company — Opinion of the Court
Author: Henry Billings Brown

Cowley v. Northern Pacific Railroad Company…

Summary

“Cowley v. Northern Pacific Railroad Company — Opinion of the Court”, is a work by Henry Billings Brown. It explores elements such as the United States, equity and proceeding.

Quotes from Cowley v. Northern Pacific Railroad Company… (Henry Billings Brown)

Henry Billings Brown, Cowley v. Northern Pacific Railroad Company…

“ If any action or proceeding in a state court were subject to be defeated or impaired by one of the parties exercising his statutory right to remove it to a federal court, no one would be safe in instituting such a proceeding in any case wherein, by reason of diversity of citizenship or otherwise, it might be subject to removal. While the federal court may be compelled to deal with the case according to the forms and modes of proceeding of a court of equity, it remains in substance a proceeding under the statute, with the original rights of the parties unchanged. ”

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Source: Wikisource

Henry Billings Brown, Cowley v. Northern Pacific Railroad Company…

“ Although the statute of a state or territory may not restrict or limit the equitable jurisdiction of the federal courts, and may not directly enlarge such jurisdiction, it may establish new rights or privileges which the federal courts may enforce on their equity or admiralty side, precisely as they may enforce a new right of action given by statute upon their common-law side. ”

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Source: Wikisource

Henry Billings Brown, Cowley v. Northern Pacific Railroad Company…

“ Ct. 213, a bill in equity under a statute of Indiana, which averred that a deed was void upon its face, was held sufficient to support the jurisdiction of the circuit court of the United States in that district, to quiet the title of the complainant as against such deed, although courts of equity had generally adopted the rule that a deed void upon its face does not cast a cloud upon the title which a court of equity will undertake to remove. ”

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Source: Wikisource

Henry Billings Brown, Cowley v. Northern Pacific Railroad Company…

“ It was found, however, that the proceeding was in equity, and that it was not according to equity practice to decree that a judgment be vacated or annulled, or to act directly upon the case in which an unjust or void judgment has been rendered; that the plaintiff should have applied by petition or motion in the original case; and that, his remedy at law being adequate, the suit must be dismissed. ”

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Source: Wikisource

Henry Billings Brown, Cowley v. Northern Pacific Railroad Company…

“ The character of the cases themselves is always open to examination for the purpose of determining whether, ratione materia, the courts of the United States are incompetent to take jurisdiction thereof. ”

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Source: Wikisource

Henry Billings Brown, Cowley v. Northern Pacific Railroad Company…

“ The district court in which a judgment has been rendered, or by which, or the judge of which, a final order has been made, shall have power after the term at which such judgment or order was made to vacate or modify such judgment or order:
' (1) By granting a new trial for the cause, within the time and the manner, and for any of the causes prescribed by the sections relating to new trials.
' (2) By a new trial granted in proceedings against defendant served by publication only as prescribed in section sixty-seven. ”

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Source: Wikisource

Henry Billings Brown, Cowley v. Northern Pacific Railroad Company…

“ Gray, 16 Wall. 223, 231, that 'a party, by going into a national court, does not lose any right or appropriate remedy of which he might have availed himself in the state courts of the same locality. The wise policy of the constitution gives him a choice of tribunals.' Other cases to the same effect are Holland v. ”

Henry Billings Brown

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Quotes from Cowley v. Northern Pacific Railroad Company… (Henry Billings Brown)

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