OpenLLM-France/wikimedia huggingface dataset:
# Benjamin v. New Orleans

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
169 U.S. 161
Benjamin v. New Orleans
J. D. Rouse and Wm. Grant, for appellant.
Branch K. Miller, for appellee.
Mr. Chief Justice FULLER delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Baird v. United States

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
96 U.S. 430
Baird v. United States
APPEAL from the Court of Claims.
In March, 1864, the government, requiring an immediate supply of locomotive engines for the use of the armies operating in Tennessee, made an order upon M. W. Baldwin & Co., a firm of locomotive builders at Philadelphia, for fifteen engines, to be delivered as soon as possible, and to the exclusion of all other contracts or interests. The price fixed upon was $18,947.72 for each engine, and the government tax to be paid on delivery. In addition to this, the firm was authorized to charge the government any advance there might be after Nov. 9, 1863, in the cost of labor and materials used in the construction, and any damage resulting from the preference given this order over other contracts.
The order was accepted upon the terms proposed, and the locomotive delivered at intervals of four or five days, between May 3 and June 30, 1864. The fixed price was paid according to agreement; and, Stpt. 14, 1864, Baldwin & Co. presented their claim for the difference in the cost on account of the advance in the price of labor and materials, which was then stated to be $151,588.17. This claim was audited by the government, and allowed for $97,507.75; and the firm was informed of the amount of the allowance, and the principles upon which the adjustment had been made, as early as Jan. 23, 1865. On the 8th of April, a draft was sent for the amount found due, payable to the order of the firm; which was received and collected without objection.
Subsequently, this appellant, as the sole surviving partner of the firm, brought his action in the Court of Claims, upon the contract, to recover the damages which it was alleged the firm had sustained by giving the order preference over other contracts and interests; and at the December Term, 1869, of that court, judgment was rendered against the United States for $23,750.
On the 2d of May, 1870, one day before the expiration of six years from the date of the delivery of the first engine under the order, this action was brought to recover the 'residue of the amount of the advance in labor and materials over the cost of the same on the 9th of November, 1863; which residue is the difference between the $128,276.50 claimed and the government tax thereon ($3,848.29), in all, $132,124.79, and the $93,507.75 paid, making the residue $38,617.04.' The Court of Claims, while finding that the actual advance over and above what had been paid was the amount claimed, gave judgment in favor of the United States; whereupon the claimant appealed to this court.
Mr. John D. McPherson for the appellant.
The Solicitor-General, contra.
MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Baird v. United States/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
United States Supreme Court
96 U.S. 430
Baird v. United States
It is, no doubt, true that the payment by a debtor of a part of his liquidated debt is not a satisfaction of the whole, unless made and accepted upon some new consideration; but it is equally true, that, where the debt is unliquidated and the amount is uncertain, this rule does not apply. In such cases the question is, whether the payment was in fact made and accepted in satisfaction.
It is clear that, in September, 1864, when this account was first presented to the government, the amount due was uncertain, because more was then demanded than is now claimed. The counsel for the appellant say, in their argument, that this reduction has been made in the light of the testimony taken in the suit for indemnity. Under such circumstances, it was the duty of the auditing officers of the government to state the account themselves before making payment. This they did, and reported to the claimant the amount found due, with the principles upon which the adjustment had been made. In effect, this was an offer to pay the balance stated in satisfaction of the claim. The acceptance of the money afterwards, without objection, was equivalent to an acceptance of the payment in satisfaction.
But there is another objection to the recovery which is equally good. It is well settled that, where a party brings an action for a part only of an entire indivisible demand, and recovers judgment, he cannot subsequently maintain an action for another part of the same demand. Warren v. Comings, 6 Cush. (Mass.) 103. Thus, if there are several sums due under one contract, and a suit is brought for a part only, a judgment in that suit will be a bar to another action for the recovery of the residue. Here was a contract by which the government was bound to pay for the engines in accordance with terms agreed upon. The entire price to be paid was not fixed. A part was contingent, and the amount made to depend upon a variety of circumstances. When the former action was commenced in the Court of Claims, the whole was due. Although different elements entered into the account, they all depended upon and were embraced in one contract. The judgment, therefore, for the part then sued upon is a bar to this action for the 'residue.'
Judgment affirmed.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Baits v. Peters & Stebbins

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
22 U.S. 556
Baits v. Peters & Stebbins
ERROR to the District Court of Alabama.
This was an action of assumpsit, commenced in the Court below, in February, 1321, by Baits, the plaintiff in error, against Peters & Stebbins, the defendants in error, in which the plaintiff declared against the defendants, upon an agreement to account with him for goods delivered by him to the defendants, for sale on commission, and also for money had and received, and upon an in simul computassent. The defendants pleaded the following pleas: 1st. The general issue. 2d. Payment. 3d. An agreement, under seal, made at New-York, on the 15th of July, 1820, and long after the said promises and undertaking, between the plaintiff and one of the defendants, by which the plaintiff covenanted not to sue the defendants within six months, and to send on an agent, within the same term of time, to settle the accounts with the defendants, at Blakely, in Alabama; and the defendants covenanted to come to a settlement with the said agent, and to pay the balance which should be found to be due. To this last plea there was a demurrer, and, judgment being rendered thereon, by the Court below, for the defendants, the cause was brought by writ of error to this Court. Feb. 20th.
The cause was argued by Mr. Wheaton, for the plaintiff in error, no counsel appearing for the defendants in error. He argued that the agreement thus pleaded in bar, as an extinguishment, was not a sufficient bar to the action, but was merely a collateral undertaking, which did not extinguish the original demand.
Mr. Chief Justice MARSHALL delivered the opinion of the Court, that the third plea was bad.

## Notes

* ↑ The Bank of Columbia v. Patterson, 7 Cranch, 299. 303 Day v. Leal, 14 Johns. Rep. 404.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Baker Botts L.L.P. v. ASARCO LLC/Concurrence Sotomayor

​Justice Sotomayor, concurring in part and concurring in the judgment.
As the Court’s opinion explains, there is no textual, contextual, or other support for reading 11 U. S. C. §330(a)(1) in the way advocated by petitioners and the United States. Given the clarity of the statutory language, it would be improper to allow policy considerations to undermine the American Rule in this case. On that understanding, I join all but Part III–B–2 of the Court’s opinion.
# Baits v. Peters & Stebbins/Opinion of the Court

* Court Documents
* Case Syllabus
* Opinion of the Court
The agreement stated in that plea, although under seal, did not operate as an extinguishment of the simple contract debt. The agreement was but a collateral undertaking, to come to a settlement within a limited period, which had elapsed before the commencement of the suit, and to pay the balance found due upon such settlement. There was no averment in the plea that any such settlement had been had, under that agreement, and, consequently, the covenant to pay the balance did not appear to have attached upon the demand.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Baker v. Baker, Eccles & Company

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
242 U.S. 394
Baker v. Baker, Eccles & Company
Argued: December 19, 1916. --- Decided: January 8, 1917
Messrs. John A. Pitts and E. W. Ross for plaintiff in error.
Messrs. Charles K. Wheeler, Daniel Henry Hughes, and James Guthrie Wheeler for defendants in error.
Mr. Justice Pitney delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Battle Hymn and Litany/Battle Hymn

Battle Hymn
THOU God who guardeth o'er the earth And ruleth o'er the sea, We freemen of a fearless land Bend down our knee to Thee. Grant us the might to face the foe With valiant heart and then— Give us the power to smite the blow And fight the fight like men.
Let not the shriek of bursting shell, The maddened cry of pain, Distract our minds, appal our hearts, Nor let us fight in vain. Unconquered let our flag be borne Against the foe and then— Give us the power to smite the blow And fight the fight like men. ​Though torn and tattered be our flag, Its stars and colors dim, God spare the brightness of its fame. And when the glorious hymn Of victory swells above our foes, Let us remember then— Thou gav'st the power to smite the blow And fight the fight like men.
# Battle Song of the “Black Horsemen”

Battle Song
of the
“Black Horsemen.”
AIR—“DIXIE.”
We have come from the brave Southwest, On fiery steeds, with throbbing breast, Hurrah! hurrah! hurrah in Dixie’s land! With sabre flashing, rifle true, The Northern ranks we will cut through!
Then hurrah for old Virginia! We’ll fight for old Virginia boys! We’ll die for old Virginia boys! Hurrah for old Virginia!
We’ve come from the snow clad-mountains, And the land of the purest fountains, Hurrah! hurrah! hurrah in Dixie’s land! Our sweethearts and our wives conjure us, Not to leave a foe before us! Then hurrah for old Virginia, &c.
Our silken banner waves on high, And we will fight and win or die; Hurrah! hurrah! hurrah in Dixie’s land! Our gray-haired sires sternly say, That we must die or win the day! Then hurrah for old Virginia, &c.
On the 21st, ’twixt sun and sun, We made the boasting Yankees run, Hurrah! hurrah! hurrah in Dixie’s land! I tell you it was glorious fun, To see their rout toward Arlington! Then hurrah for old Virginia, &c.
And now we’ll march on Washington, With Louisiana’s gallant son, Hurrah! hurrah! hurrah in Dixie’s land! And drive old Abe with all his band Beyond the bounds of Maryland!
* Battle of Manassas, July 21, 1861.
This work was published in 1861 and is anonymous or pseudonymous due to unknown authorship. It is in the public domain in the United States as well as countries and areas where the copyright terms of anonymous or pseudonymous works are 162 years or less since publication.
Public domainPublic domainfalsefalse
# Battle Damage Assessment, 18 June 1991

* related portals: United States Army.
* sister projects: Wikidata item.

## Contents

* 4-32 Armor
* 5-18 Infantry
* 1-27 Armor
# Battle Damage Assessment, 18 June 1991/5-18 Infantry

BATTLE DAMAGE ASSESSMENT
18 JUNE 1991
| 5-18 INFANTRY HQ-24-M3A1 | CREW: | BC | SPC DEBERRY |
| | | GUNNER | SPC FAGAN |
| | | DRIVER | SPC JORDAN |
A. GENERAL DESCRIPTION OF TACTICAL SITUATION: Movement to contact, into Iraq on 25 Feb 1991.
B. KNOWLEDGE OF ENEMY SITUATION AND CERTAINTY OF THE INFORMATION: Retrograde of the MEDINA and the 52 Iraqi Armor Division.
C. TERRAIN AND ENVIRONMENTAL CONDITIONS-PRECIPITATION, DUST, SMOKE, LIGHT CONDITIONS, DATE, TIME, ETC: Desert, Flat Terrain about 82 F, 25 Feb 1991, 1130.
D. DYNAMICS OF INTERACTION: Ran over a mine during movement to contact.
E. RANGE OF ENGAGEMENT: NA
F. SENSOR INFORMATION-SYSTEM USED: NA
G. TYPE OF MUNITION FIRED, TYPE OF AMMUNITION CAUSING U.S. BATTLE DAMAGE: U.S. Cluster munitions.
H. RESULTS OF ENGAGEMENT, INCLUDING HULL DAMAGE, COMPONENT DAMAGE, FIRE AND SPALL DAMAGE, WERE THERE MULTIPLE VEHICLES DAMAGED ON THE SAME ENGAGEMENT?: Small hole thru hull that penetrated fuel tank, fuel tank damage Class III leak.
I. CREW REACTION-SHUT OFF MAIN POWER, POSITION TURRET 90 DEGREES TO LONGITUDINAL AXIS OF VEHICLES, ETC.: Continued mission until the assembly area was reached and repaired damage.
J. CASUALTY DATA-WOUNDED, KILLED: NA
K. VEHICLE PERFORMANCE IN TERMS OF VULNERABILITY REDUCTION FEATURES WORKING AS DESIGNED (FIRE SUPPRESSION, BLAST PANELS, AMMO COMPARTMENT DOORS, SPALL LINERS, ETC): Small blast penetration thru hull.
L. MATERIEL DEFICIENCIES: NA
M. SOLDIER PERFORMANCE FACTORS, E.G. HOW LONG HAS THE CREW OR UNIT BEEN IN CONTACT OR ENGAGED IN CONTINUOUS OPERATIONS, AND PARTICULAR STRESS CONDITIONS: NA
N. NAME OF POC WHO CAN ELABORATE ON COMPILES RESULTS: LT HINMANN, (RTS) 324-3257/3538.
# Battle Hymn and Litany/A Litany

A Litany LO! the throat of the earth is dry with the dust of the dead, And the eyes of the world are blind with the blood of the slain; And we brag of our shame and the blood of our brothers we shed, Yet our strength, O Lord God, it is vain, it is vain.
Our hearts have gone mad with the rancorous venom of hate. And our hands are dyed deep with the malice and lust of our sin. Spare us, O merciful Lord, nor leave us alone to our fate. Turn not, O God, thy wrath on our madness and sin. ​Lo! our strength is a reed in the wind, a leaf in the storm, Yet our tongues run riot in pitiless words and wild boasts, Forgetting, O God, that our might is the might of the worm, Be merciful, Lord, be merciful, Lord God of Hosts.
Once more let the glad earth be filled with the joy of its song. Let the peace which surpasseth the understanding of men Uplift our sad hearts; Lord, forgive us our guilt and our wrong, Lord God of Hosts and of Men, Allelulia, Amen.
# Battle Cry of Freedom

Multiple versions of this song exist. This is the 1864 version published by L. C. Schreiner & Son. These lyrics are associated with the Confederate side.
Our flag is proudly floating on the land and on the main
Shout, shout the battle cry of freedom
Beneath it oft we've conquer'd and will conquer oft again
Shout, shout the battle cry of freedom
(Chorus)
Our Dixie forever, she's never at a loss
Down with the eagle and up with the cross
We'll rally 'round the bonny flag, we'll rally once again
Shouting the battle cry of freedom
Our gallant boys have marched to the rolling of the drum
Shout, shout the battle-cry of freedom
And leader in charge cry, "come boys come"
Shout, shout the battle-cry of freedom
(Chorus)
Our Dixie forever, she's never at a loss
Down with the eagle and up with the cross
We'll rally 'round the bonny flag, we'll rally once again
Shouting the battle cry of freedom
They have laid down their lives on the bloody battle-field
Shout, shout the battle-cry of freedom
Their motto is resistance - "To tyrants we'll not yield"
Shout, shout the battle-cry of freedom
(Chorus)
Our Dixie forever, she's never at a loss
Down with the eagle and up with the cross
We'll rally 'round the bonny flag, we'll rally once again
Shouting the battle cry of freedom
While our boys have responded and to the field have gone
Shout, shout the battle-cry of freedom
Oar noble women also have aided them at home
Shout, shout the battle-cry of freedom
(Chorus)
Our women forever, God bless them, huzza!
With their smiles and favors, they aid us in the war
In the tent and on the battle-field, the boys remember
And cheer for the daughters of freedom
Let the joyous sound re-echo o'er the land and o'er the sea
Shout, shout the battle-cry of freedom
Our Southern sky is brightening and soon we will be free
Shout, shout the battle-cry of freedom
(Chorus)
Our Dixie forever, she's never at a loss
Down with the eagle and up with the cross
We'll rally 'round the bonny flag, we'll rally once again
Shouting the battle cry of freedom
This work is in the public domain in the United States because it was published in 1864, before the cutoff of January 1, 1929.
This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
Public domainPublic domainfalsefalse
# Battle Hymn

* Search for titles containing or beginning with: "Battle Hymn."
* sister projects: Wikipedia article, Wikidata item.
This is a disambiguation page. It lists works that share the same title. If an article link referred you here, please consider editing it to point directly to the intended page.
* Battle Hymn, poem by Donald Fredric Goold Johnson
* Battle Hymn, poem by Edward Quintard
# Battle Hymn and Litany

BATTLE HYMN & LITANY
BATTLE HYMN AND LITANY
NEW YORK PRIVATELY PRINTED EASTER MDCCCXCIX
Copyright 1899 by Edward Quintard
* Battle Hymn
* A Litany
PRINTED AT THE CASLON PRESS NEW YORK IN APRIL MDCCCXCIX
This work is in the public domain in the United States because it was published before January 1, 1929.
The longest-living author of this work died in 1936, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 87 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
Public domainPublic domainfalsefalse
# Book of Common Prayer (ECUSA)/Concerning the Service of the Church

​Concerning the Service of the Church
The Holy Eucharist, the principal act of Christian worship on the Lord’s Day and other major Feasts, and Daily Morning and Evening Prayer, as set forth in this Book, are the regular services appointed for public worship in this Church.
In addition to these services and the other rites contained in this Book, other forms set forth by authority within this Church may be used. Also, subject to the direction of the bishop, special devotions taken from this Book, or from Holy Scripture, may be used when the needs of the congregation so require.
For special days of fasting or thanksgiving, appointed by civil or Church authority, and for other special occasions for which no service or prayer has been provided in this Book, the bishop may set forth such forms as are fitting to the occasion.
In all services, the entire Christian assembly participates in such a way that the members of each order within the Church, lay persons, bishops, priests, and deacons, fulfill the functions proper to their respective orders, as set forth in the rubrical directions for each service.
The leader of worship in a Christian assembly is normally a bishop or priest. Deacons by virtue of their order do not exercise a presiding function; but, like lay persons, may officiate at the Liturgy of the Word, whether in the form provided in the Daily Offices, or (when a bishop or priest is not present) in the form appointed at the Eucharist. Under exceptional circumstances, when the services of a priest cannot be obtained, the bishop may, at discretion, authorize a deacon to preside ​at other rites also, subject to the limitations described in the directions for each service.
In any of the Proper Liturgies for Special Days, and in other services contained in this Book celebrated in the context of a Rite One service, the contemporary idiom may be conformed to traditional language.
Hymns referred to in the rubrics of this Book are to be understood as those authorized by this Church. The words of anthems are to be from Holy Scripture, or from this Book, or from texts congruent with them.
On occasion, and as appropriate, instrumental music may be substituted for a hymn or anthem.
Where rubrics indicate that a part of a service is to be “said,” it must be understood to include “or sung,” and vice versa.
When it is desired to use music composed for them, previously authorized liturgical texts may be used in place of the corresponding texts in this Book.
Scriptural citations in this Book, except for the Psalms, follow the numeration of the Revised Standard Version of the Bible.
# Book of Common Prayer (ECUSA)/Episcopal Services

Episcopal Services
The Ordination of a Bishop 511 The Ordination of a Priest 525 The Ordination of a Deacon 537 The Litany for Ordinations 548 Additional Directions 552 Celebration of a New Ministry 557 The Dedication and Consecration of a Church 567
# Book of Common Prayer (ECUSA)/Daily Office Lectionary/Special Occasions

​Special Occasions
| | Morning Prayer | Evening Prayer |
| Eve of the Dedication | | 48, 122 Haggai 2:1-9 1 Corinthians 3:9-17 |
| Anniversary of the Dedication of a Church | 132 1 Kings 8:1-13 John 10:22-30 | 29, 46 1 Kings 8:54-62 Hebrews 10:19-25 |
| Eve of the Patronal Feast | | 27, or 116, 117 Isaiah 49:1-13 or Ecclesiasticus 51:6b-12 Ephesians 4:1-13 or Revelation 7:9-17 or Luke 10:38-42 ​ |
| The Patronal Feast | 92, 93, or 148, 14 Isaiah 52:7-10 or Job 5:8-21 Acts 4:5-13 or Luke 12:1-12 | 96, 97, or 111, 112 Jeremiah 31:10-14 or Ecclesiasticus 2:7-18 Romans 12:1-21 or Luke 21:10-19 |
| Eves of Apostles and Evangelists | | 48, 122, or 84, 150 Isaiah 43:10-15 or Isaiah 52:7-10 Revelation 21:1-4, 9-14 or Matthew 9:35––10:4 |
* ↑ Except on the Eve of St. Thomas
* ↑ Except on the Eves of St. Mark and St. Luke