Court : US Supreme Court
Calder v. Bull - 3 U.S. 386 (1798) U.S. Supreme Court Calder v. Bull, 3 U.S. 3 Dall. 386 386 (1798) Calder v. Bull 3 U.S. (3 Dall.) 386 I N ERROR FROM THE STATE OF CONNECTICUT Syllabus A resolution or law of the State of Connecticut setting aside a decree of a court and granting a new trial to be had before the same court is not void under the Constitution as an ex post facto law. The Legislature of Connecticut, on the second Thursday of May, 1795, passed a resolution or law which set aside a decree of the Court of Probate for Hartford County made 21 March, 1793, disapproving a the will of N.M. and refusing to record the will. The act of the legislature authorized a new hearing of the case before the court of probate, and an appeal to the superior court. Afterwards the will of N.M. was confirmed by the court of probate and by the Superior Court at Hartford;, and on an appeal to the Supreme Court of Errors of Connecticut the judgment of the superior court was confirmed. Mor...
Tag this Judgment!Court : Kolkata
Reported in : (1880)ILR5Cal512
Ainslie, J.1. Budhnath Koer died, leaving two widows and a daughter. He was one of four brothers, but separate in estate from the others. The plaintiff's are the representatives of those brothers, and the widows and daughter's minor daughter are the defendants in this suit.2. On the 21st December 1873, the widows executed a deed of gift in favour of the daughter Dyjhi, who has since died. By this instrument they gave her, with immediate possession, the properties mentioned in the first and second schedules annexed thereto; the properties mentioned in the third schedule they retain for life without the power of alienation, but on their deaths they were to become absolutely vested in the daughter.3. The properties in the first schedule are described as self-acquired, and those in the third are of both kinds.4. Some contention has arisen upon the meaning of the words 'mahsook khas' (self-acquired), and it was suggested by the appellants that these words, upon which the plaintiffs in part ...
Tag this Judgment!Court : US Supreme Court
Springer v. United States - 102 U.S. 586 (1880) U.S. Supreme Court Springer v. United States, 102 U.S. 586 (1880) Springer v. United States 102 U.S. 586 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF ILLINOIS Syllabus 1. Certain lands of A. were distrained and sold by reason of his refusal to pay the income tax assessed against him under the Act of June 30, 1864, 13 Stat. 218, as amended by the Act of March 3, 1865, id., 469, he having no goods or chattels known to the proper officers out of which the tax and penalty could have been made. The United States became the purchaser of the lands, received a deed therefor, and brought ejectment against him. Held that he cannot raise the question here that the deed, inasmuch as it refers to the Act of March 30 instead of that of June 30, should, on the trial, have been excluded from the jury, as that objection to its admissibility in evidence was not made in the court of original jurisdiction. 2. Whe...
Tag this Judgment!Court : US Supreme Court
Pollock v. Farmers' Loan & Trust Co. - 157 U.S. 429 (1895) U.S. Supreme Court Pollock v. Farmers' Loan & Trust Co., 157 U.S. 429 (1895) Pollock v. Farmers' Loan and Trust Company No. 898 Argued March 7, 8. 11, 12, 13, 1895 Decided April 8, 1895. 157 U.S. 429 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus A court of equity has jurisdiction to prevent a threatened breach of trust in the misapplication or diversion of the funds of a corporation by illegal payments out of its capital or profits. Such a bill being filed by a stockholder to prevent a trust company from voluntarily making returns for the imposition and payment of a tax claimed to be unconstitutional, and on the further ground of threatened multiplicity of suits and irreparable injury, and the objection of adequate remedy at law not having been raised below or in this court, and the question of jurisdiction having been waived by the United States so far as it was ...
Tag this Judgment!Court : Chennai
Reported in : (1898)ILR21Mad179
Shephard, J.1. These are appeals by the plaintiff against the decrees in two suits brought by him against the same parties, being the members of the temple committee constituted under the Act of 1863. It seemed to us convenient to hear first the appeal in which the question of the plaintiff's dismissal from the office of trustee arose, and I will accordingly deal with that question first and afterwards with the question arising in the suit in which damages are claimed.2. The plaintiff was appointed a trustee of the Srirangam pagoda on the 1st May 1892, and he assumed office on the 15th of the same month. On the 25th February 1893 a notice was addressed to him signed by three of the defendants--Nataraja Ayyar, Krishna Ayyangar, and Ramasami Chetti,--intimating to him that he was dismissed from the office of trustee and requiring him accordingly to surrender to a person named all the temple property in his possession. The Advocate-General, who appeared for the plaintiff-appellant, did no...
Tag this Judgment!Court : Mumbai
Reported in : (1908)10BOMLR417
Davar, J.1. Dinbai, widow of Jehangir Cursetji Likimna, otherwise known as Tarachund. a member of the Pavsi community of Bombay, on the 21st of December 1871 executed an Indenture of Trust whereby she appointed her two sons Kharsetji and Merwanji and her son-in-law Sorabji Hormusji Bottlewalla Trustees and conveyed to them certain immoveable and movable property belonging to herself upon Trusts which are therein set out. All the three original Trustees are dead. The first defendant is the widow, and executrix of the will, of Merwanji one of the original Trustees. The plaintiff is the son and administrator with the Will annexed of the property and credits of his late father Kharsetji who was another original Trustee. Defendants Nos. 10 and 11 are the surviving executors of the will of Sorabji Hormusji Bottlewalla the third Trustee under the Settlement made by Dinbai.2. The portion of the Trusts created by Dinbai with which the Court is concerned in this case is in the following terms:-I...
Tag this Judgment!Court : Chennai
Reported in : 1Ind.Cas.995
Arnold White, C.J.1. In this case the plaintiffs sue as subscribers to a society known as the Society of St. Vincent de'Paul St. Francis Conference, on behalf of themselves and all other persons interested in the subject-matter of the suit. They ask in their plaint (1) that the defendants may be removed from their respective offices in the St. Vincent de'Paul St. Francis Conference at Cochin, and (2) that they may be ordered to render an account of the affairs of the society for the time daring which they wore in office.2. In their written statement the defendants allege that the society is a voluntary society whose primary object is the spiritual well-being of its members, and that only, secondarily, it has a charitable object, as ministering to such spiritual welfare; that the society is governed by a written constitution and by the directions issued by the general council in Paris; that the first plaintiff has been a subscriber of the sum of two annas monthly from 1893 till December...
Tag this Judgment!Court : Mumbai
Reported in : 2Ind.Cas.701
Davar, J.1. The seven plaintiffs in the suit are members of the Parsi community of Bombay. They profess the Zoroastrian religion. The five defendants are also members of the same community and profess the same religion.2. The Parsis in India are descendants of a body of Persians who wore, about 1200 years ago, compelled to leave their Fatherland owing to religious persecution at the hands of the Mahomedans. This body of Persians, after taking refuge in Kohistan and afterwards in the Isle of Ormus, eventually made their home in India, and at the present time Bombay is their principal headquarters.3. Since their advent into India they have continued to follow the religion of their forefathers, and wherever they have settled in any appreciable numbers they have built for themselves Atash Behrams, Agiaries, and Dare Mehers for the performance of their religious worship and the observance of their religious rites and ceremonies and erected Dokhmas for the disposal of their dead according to...
Tag this Judgment!Court : Mumbai
Reported in : (1911)13BOMLR162
Beaman, J. 1. This is a suit by the plaintiffs, the Hope Mills Company, to redeem three mortgages of the year 1900 should it be found that the second and third of these have been bona fide purchased by the first mortgagee for himself, and incidentally to have the two agreements of the years 1901 and 1905, respectively, should defendant No. 1 rely upon them, declared invalid and not binding on the plaintiff Company.2. On the 5th of April 1900, the plaintiff Company mortgaged the Hope Mills to the defendant No. 1 for five lakhs rupees. The second and third mortgages were effected by one and the same instrument on the 31st of May 1900, and these two . mortgages have been referred to throughout the case as Tokersey's and Ichharam's mortgages.3. On failure to pay the first installment of interest, the defendant No. 1 entered into possession on the 14th December 1900. In March, 1901 the defendant No. 1 put the mortgaged property up for sale, but as the reserved price was not reached, it was ...
Tag this Judgment!Court : US Supreme Court
German Alliance Ins. Co. v. Lewis - 233 U.S. 389 (1914) U.S. Supreme Court German Alliance Ins. Co. v. Lewis, 233 U.S. 389 (1914) German Alliance Insurance Company v. Lewis No. 120 Argued December 10, 1913 Decided April 20, 1914 233 U.S. 389 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS Syllabus The business of insurance is so far affected with a public interest as to justify legislative regulation of its rates. A public interest can exist in a business, such as insurance, distinct from a public use of property, and can be the basis of the power of the legislature to regulate the personal contracts involved in such business. Where a business such as insurance is affected by a public use, it is the business that is the fundamental thing; property is but the instrument of such business. Munn v. Illinois, 94 U. S. 113 ; Budd v. New York, 143 U. S. 517 ; Brass v. North Dakota, 153 U. S. 391 , demonstrate that a business, by circumstanc...
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