A Place of Recourse

A Place of Recourse
Author: Roberta Sue Alexander
Publisher: Ohio University Press
Total Pages: 441
Release: 2005
Genre: District courts
ISBN: 0821416022

The First History Of A Federal District Court in a midwestern state, A Place of Recourse explains a district court's function and how its mission has evolved. The court has grown from an obscure institution adjudicating minor debt and land disputes to one that plays a central role in the political, economic, and social lives of southern Ohioans. In tracing the court's development, Alexander explores the central issues confronting the district court judges during each historical era. She describes how this court in a non-slave state responded to fugitive slave laws and how a court whose jurisdiction included a major coal-mining region responded to striking workers and the unionization movement. The book also documents judicial responses to Prohibition, New Deal legislation, crime, mass tort litigation, and racial desegregation. The history of a court is also the history of its judges. Accordingly, Alexander provides historical insight on current and past judges. She details behind-the-scenes maneuvers in judicial appointments and also the creativity some judges displayed on the bench - such as Judge Leavitt, who adopted admiralty law to deal with the problems of river traffic. A Pla

In the Circuit Court of the United States for the Southern District of Ohio, Eastern Division

In the Circuit Court of the United States for the Southern District of Ohio, Eastern Division
Author: United States Circuit Court
Publisher: Forgotten Books
Total Pages: 94
Release: 2018-09-15
Genre: Reference
ISBN: 9780366717125

Excerpt from In the Circuit Court of the United States for the Southern District of Ohio, Eastern Division: The United States of America, Plaintiff, V. The Lake Shore and Michigan Southern Railway Company Et Al., Defendants; Bill in Equity The Lake Shore Michigan Southern Railway Company is a corporation organized and existing under the laws of the State of Ohio, with its principal office at Cleveland, Ohio. The Chesapeake Ohio Railway Company is a corporation organized and existing under the laws of the State of Virginia, with its principal office at Rich mond, Virginia. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Cases on Federal Procedure Together with Judicial Code, Equity Rules, Forms and Questionnaire

Cases on Federal Procedure Together with Judicial Code, Equity Rules, Forms and Questionnaire
Author: Carl Wheaton
Publisher:
Total Pages: 784
Release: 1921
Genre: Civil procedure
ISBN:

State courts. could not reach those cases, and, consequently, the injunction of the Constitution, that the judicial power shall be vested, would be disobeyed. It would seem, therefore, to follow, that Congress are bound to create some inferior courts, in which to vest all that jurisdiction which, under the Constitution, is ex elusively vested in the United States, and of which the Supreme Court cannot take original cognizance. They might establish one or more inferior courts; they might parcel out the jurisdiction among such courts, from time to time, at their own pleasure. But the whole judicial power of the United States should be, at all times, vested either in an original or appellate form, in some courts created under its authority. This construction will be fortified by an attentive examination of the second section of the third article. The words are the judicial power shall extend, etc. Much minute and elaborate criticism has been employed upon these words. It has been argued that they are equivalent to the words may' extend, and that extend means to widen to new cases not before within the scope of the power. For the reasons which have been already stated, we are of opinion that the words are used in an imperative sense. They import an absolute grant of judicial power. They cannot have a relative signification applicable to powers already granted; for the American people had not made any previous grant. The Constitution was for a new government, organized with new sub stantive powers, and not a mere supplementary character to a government already existing. The consideration was a compact between States; and its structure and powers were wholly unlike those of the National Government. The Constitution was an act of the people of the United States to supersede the confederation, and not to be ingrafted on it, as a stock through which it was to receive life and nourishment.