saving clause
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 83 U.S. 522 - Steamboat Company v. Chase · 1872Most cited · 219 citing opinions
Judiciary Act
wherever the common law in such a case is competent to give a party a remedy, the right to such a remedy is reserved and secured to suitors by the saving clause contained in the ninth section of the Judiciary Act.
How the Supreme Court has restated “saving clause”
Each Supreme Court definition of “saving clause,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “saving clause”
Court decisions citing the 4 opinions that defined “saving clause” — 410 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 4 definitions, chronological · 1860–1872
- ORIGINAL
This saving clause was designed to exonerate the United States from any claim of the patentee, in the event of his ouster by persons claiming under the acts referred to, and cannot be construed as separating any lots or parcels of land from the operation of the grant, or as affording another confirmation of titles existing under the acts of Congress described in it.
land patent
the saving clause was designed merely to exonerate the United States from any claim of the patentee or his assigns in the event that any other person should prove a superior title.
Suitors, by virtue of the saving clause in the ninth section of the Judiciary Act conferring jurisdiction in admiralty upon the District Courts, have the right of a common law remedy in all cases 'where the common law is competent to give it
admiralty