Roger B. Taney

Name: Chaffee v. Hayward — Opinion of the Court
Author: Roger B. Taney

Chaffee v. Hayward — Opinion of the Court

Summary

“Chaffee v. Hayward — Opinion of the Court”, is a work by Roger B. Taney. It explores elements such as the United States, Rhode Island and the Circuit Court.

Quotes from Chaffee v. Hayward — Opinion of the Court (Roger B. Taney)

Roger B. Taney, Chaffee v. Hayward — Opinion of the Court

“ Sprague, 'that even in case of a person being amenable to process in personam, an attachment against his property cannot be issued against him, except as a part of or together with process to be served upon his person,' is to be established as a rule for the service of process from the courts of the United States in all cases, then it is not possible to obtain security for a debt by attachment on original process from the Circuit Court in the district of Rhode Island. ”

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Source: Wikisource

Roger B. Taney, Chaffee v. Hayward — Opinion of the Court

“ The eleventh section is excepted out of and stands unaffected by the subsequent process acts, and is as applicable in this case as it was to those where jurisdiction depended on citizenship. It applies in its terms to all civil suits; it makes no exception, nor can the courts of justice make any.
The judicial power extends to all cases in law and equity arising under the Constitution and laws of the United States, and it is pursuant to this clause of the Constitution that the United States courts are vested with power to execute the laws respecting inventors and patented inventions ”

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Source: Wikisource

Roger B. Taney, Chaffee v. Hayward — Opinion of the Court

“ If specific property cannot be attached when the owner resides out of the district, then an assignee under the bankrupt laws would be deprived of his remedy against a debtor of the bankrupt, in the Circuit Court of the district where his property might be found, although that court has jurisdiction of the subject-matter of the suit. ”

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Source: Wikisource

Roger B. Taney, Chaffee v. Hayward — Opinion of the Court

“ Many judgments have been rendered in the Circuit Court of Rhode Island, in suits commenced by attachment against citizens of Rhode Island who have been absent, in the belief that the process of that court was to be served like the process of the State courts, and with like effect. Property has been sold, and titles to real estate have passed, upon sales made on executions issued on judgments obtained by default. ”

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Source: Wikisource

Roger B. Taney, Chaffee v. Hayward — Opinion of the Court

“ Such service (sec. 3, p. 113) is expressly declared sufficient to bring the cause to trial. In case of real estate, the execution runs against the property attached, (sec. 11, p. 115.)
2. The above-cited statutes of Rhode Island show that the service of the process in a case in the Supreme Court of that State, made in the same manner as in this case, would have been sufficient to compel the attendance of the defendant, for the purpose of giving that court jurisdiction of the cause, and to form the basis of a judgment by default in case of his non-appearance. ”

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Source: Wikisource

Roger B. Taney, Chaffee v. Hayward — Opinion of the Court

“ The facts stated in this affidavit cannot influence the decision of the motion. The absence of one or of all the counsel employed by one party, in pursuit of other business, furnishes no ground for delaying a case in this court, without the consent of the adverse party. ”

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Source: Wikisource

Roger B. Taney, Chaffee v. Hayward — Opinion of the Court

“ So, also, it would be impossible to commence a suit at law against an American residing abroad, for infringing a patent for a product by sales in this country, although he might have here werehouses full of goods. ”

Roger B. Taney

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