Court : US Supreme Court
..... in the cause. if this suit could not have been brought originally in the supreme court, it would be difficult to show that it is within the 11th amendment. that amendment does not purport to do more than to restrain the construction which might otherwise be given to the constitution, and if this case be not one of which the ..... the improbability of such a provision being intended by the legislature, operates against the construction that would sustain it. but if such be the legal construction of the incorporating act, there can be no doubt of its being fatal to this plea. certificate. this cause came on to be heard on the transcript of the record of the ..... other might be assigned to the citizens of another state, and thus render the maker liable to a suit in the federal courts. to remove this inconvenience, the act which gives jurisdiction to the courts of the union over suits brought by the citizen of one state against the citizen of another restrains that jurisdiction where the suit .....
Tag this Judgment!Court : US Supreme Court
..... justice, and equity shall appertain." it had heretofore been thought to be the province of a court of original jurisdiction in equity to decide on amendments in their legal discretion, or according to the act of congress, with which this court never interfered, that after publication and before a decree, the admission of new proofs, new matter, or ..... matters in controversy, in which case the decree will be reversed, the cause remanded, and the circuit court be directed to dismiss the bill or make the amendments necessary to give it jurisdiction. it is not pretended that the circuit court has not jurisdiction of this case as one between proper parties, touching a proper subject ..... court by its own authority without an act of parliament, but has never assumed any original jurisdiction on appeals in equity causes or reversed the decree of a chancellor, because an issue before him will not enable the lords to make a satisfactory decree; they remand the cause for amendment; 1 bl.p.c.n.s. page .....
Tag this Judgment!Court : US Supreme Court
..... , holden at the city of philadelphia, on the 29th day of march 1788, the page 41 u. s. 547 following law was passed and enacted, "an act to explain and amend 'an act for the gradual abolition of slavery,'" "sec. i. for preventing many evils and abuses arising from ill-disposed persons availing themselves of certain defects in the ..... . no covenant of personal servitude or apprenticeship whatsoever shall be valid or binding on a negro or mulatto for a longer time than seven years, unless such servant apprentice were at the commencement of such servitude or apprenticeship under the age of twenty-one years, in which case such negro or mulatto may be holden as a servant ..... of the poor of the city, or township or district, respectively, where such child shall be so abandoned shall, by indenture, bind out every child so abandoned as an apprentice for a time not exceeding the age hereinbefore limited for the service of such children." " 3. sec. v. every person who is, or shall be, the owner .....
Tag this Judgment!Court : US Supreme Court
..... these questions the circuit court returned the following answers. ( see them quoted in the statement of the reporter.) subsequently the assignee filed a supplemental or amended petition in the district court, stating the matters contained in the original petition more fully and at large, with more precise averments, and mainly relying thereon ..... construed as excluding all others not enumerated, upon the known maxim, often incorrectly applied, expressio unius est exclusio alterius. the 8th section of the act further illustrates this subject. it is there provided "that the circuit court within and for the district where the decree of bankruptcy is passed, shall ..... jurisdiction whatsoever; for the previous legislation of congress conferred no such authority upon them. whatever jurisdiction, therefore, they now possess is wholly derived from that act. and, as we shall presently see, the jurisdiction thus conferred is to be exercised by that court summarily in the nature of summary proceedings in .....
Tag this Judgment!Court : US Supreme Court
..... it on the defendant. the defect here, then, is in the verdict as well as plea, and though a mere informality in the former is cured by the act of congress as to amendments, 41 u. s. 16 pet. 319, yet the defect here is similar in both, and as just shown, being on principle in both a defect in substance no ..... form, yet still contain enough of substance to put in issue all the material parts of the declaration. the provision by congress in relation to amendments, which is found in the 32d section of the judiciary act of 1789, is similar to that of 32 hen. 8, but certainly not broader. the issue was an immaterial issue. the opinion of this court ..... point somewhat more in detail must be found in the circumstance that the court are divided upon it. the provision by congress in relation to amendments is to be found in the 32d section of the judiciary act of september 24, 1789, and is similar to that in the 32 henry 8, but certainly not broader. see the former, in 1 lit .....
Tag this Judgment!Court : US Supreme Court
..... by his widow and original administratrix, sarah page. the record was very voluminous. there was a bill, and an amended bill, and amendments to the amended bill, and an amendment to one of the amendments to the amended bill. then there were answers to all these bills, and exceptions to the answers, and motions for the production ..... property or reputation would be safe. a complainant, seeking the aid of a court of chancery under such circumstances, must state in his bill distinctly the particular act of fraud, misrepresentation, or concealment -- must specify how, when, and in what manner, it was perpetrated. the charges must be definite and reasonably certain, ..... limitations. great caution is exercised, and the complainant is holden to stringent rules of pleading and evidence. he must state in his bill distinctly the particular act of fraud, misrepresentation, or concealment; must specify how, when, and in what manner it was perpetrated. the charges must be definite and reasonably certain, .....
Tag this Judgment!Court : US Supreme Court
..... court of indiana had no authority to certify these questions, and that we are without jurisdiction to hear and determine them. the sixth section of the "act to amend the judicial system of the united states," approved april 29, 1802, declares "that whenever any question shall occur before a circuit court upon which the ..... been expressly excepted from its operation. the states, most jealous of encroachments upon the liberties of the citizen, when proposing additional safeguards in the form of amendments, excluded specifically from their effect cases arising in the government of the land and naval forces. thus, massachusetts proposed that "no person shall be tried for ..... them by implication, that, when the original constitution was proposed for adoption, it encountered severe opposition, and, but for the belief that it would be so amended as to embrace them, it would never have been ratified. time has proven the discernment of our ancestors, for even these provisions, expressed in such plain .....
Tag this Judgment!Court : US Supreme Court
..... of admiralty. the statute of the state upon which the libel was founded page 80 u. s. 238 is entitled "an act concerning the pilots of the channel of the east river, commonly called hellgate, passed april 15, 1847, as amended march 12, 1860, march 14, 1865, april 16, 1868, and april 5, 1871." it is a carefully digested ..... port of new york to the governor, the nomination by him to the senate of the state of the persons so recommended, and their confirmation by that body. apprentices are required to serve three years, to be examined twice during the last year by the board of wardens, and to serve two years afterwards as deputies before they ..... court, and the supreme court of the state affirmed the judgment. the case was brought here for review by a writ of error under the 25th section of the judiciary act, and was argued with exhaustive learning and ability. this court, after the fullest consideration of the subject, also affirmed the judgment. we are entirely satisfied with that adjudication .....
Tag this Judgment!Court : US Supreme Court
..... found and prosecuted) was primarily intended to carry out, in all its length and breadth, and to all its legitimate consequences, the then recent constitutional amendment abolishing slavery in the united states and to place persons of african descent on an equality of rights and privileges with other citizens of the united states ..... attempt has, however, been made to discriminate between the words "case affecting," as found in the constitutional provision, and the words "cause affecting," contained in the act of congress. we are unable to perceive any substantial ground for a distinction. the words "case" and "cause" are constantly used as synonyms in statutes and ..... within their respective districts shall have, exclusively of the courts of the several states, cognizance of all crimes and offenses committed against the provisions of this act, and also concurrently with the circuit courts of the united states, of all causes, civil and criminal, affecting persons who are denied or cannot enforce .....
Tag this Judgment!Court : US Supreme Court
..... had at least jurisdiction of the case made by the petition in respect to the leasing of the plantation, under the amendment to the captured and abandoned property act made by the second and third sections of the act of july 2, 1864. these sections provide for leasing abandoned lands by the agents of the treasury department and the payment ..... founded on any law of congress or upon any regulation of an executive department or upon any contract express or implied with the government of the united states. a subsequent act, however -- that of july 4, 1864 -- enacts that this jurisdiction "shall not extend to or include any claim against the united states growing out of the destruction ..... $15,000 or $30,000;" does not present a case within the present jurisdiction of that court. the case made by the first allegation is barred by the act of july 4, 1864, which excludes claims growing "out of the destruction or appropriation of or damage to property by the army or navy engaged in the suppression of .....
Tag this Judgment!