Court : US Supreme Court
..... 11 wheat. 184. this was an action of debt brought up on a paymaster's official bond against one of the sureties. the act for organizing the general staff, and making further provision for the army of the united states, "makes it the duty of the paymaster to render his vouchers to the paymaster general, for the settlement of ..... render his final account within six months from the day on which he shall have received the collection list from the principal assessor. in case of failure, the act authorizes and requires the comptroller of the treasury immediately to issue his warrant of distress against such delinquent collector and his sureties. the comptroller did not issue his warrant ..... his accounts," and if he fail to do so for more than six page 26 u. s. 326 months after he shall have received funds, the act imperatively enjoins "that he .....
Tag this Judgment!Court : US Supreme Court
..... record that the constitution or a law of the united states was drawn in question. it is sufficient to bring the case within the provisions of the 25th section of the judicial act if the record shows that the constitution or a law of the united states must have been misconstrued or the decision could not have been made, or that ..... licensed and enrolled according to the navigation laws of the united states, broke and injured the dam so erected by the company, and thereupon an action of trespass vi et armis was instituted against them in the supreme court of the state of delaware in which damages were claimed amounting to $20,000. to the declaration filed in the supreme ..... record that the constitution or a law of the united states was drawn in question. it is sufficient to bring the case within the provisions of the 25th section of the judicial act if the record shows that the constitution or a law or a treaty of the united states must have been misconstrued, or the decision could not be made .....
Tag this Judgment!Court : US Supreme Court
..... supreme court of missouri, that judgment was affirmed. the case was brought before this court by writ of error to the supreme court of missouri under the twenty-fifth section of the act to establish judicial courts of the united states, passed on 29 september, 1789. the case is fully stated in the opinion of the court. page 29 u. s. ..... 288 mr. chief justice marshall delivered the opinion of the court. this was an action of trespass vi et armis brought by the plaintiff against the defendant in the circuit ..... the judiciary act of 1789. held that as the petition for rehearing forms no part of the record, it cannot be noticed. the jurisdiction of this court depends or, the matter disclosed in the bill of exceptions, an action of trespass vi et armis was brought in the state circuit court of the county of st. louis, state of missouri, by .....
Tag this Judgment!Court : US Supreme Court
..... of $10,000 in the account of james morrison, late deputy quartermaster general, charged by him as paid to thomas buford, deputy commissary general, united states army, or of purchases in december 1812, suspended on the allegation, by the proper officer of the war department for the united states, that morrison should look ..... treasury department which does not arise in the ordinary mode of doing business in that department can derive no additional validity from being certified under the act of congress. such a statement can only be regarded as establishing items for moneys disbursed through the ordinary channels of the department, where the transactions ..... treasury department which does not arise in the ordinary mode of doing business in that department can derive no additional validity from being certified under the act of congress. a treasury statement can only be regarded as establishing items for moneys disbursed through the ordinary channels of the department, where the transactions .....
Tag this Judgment!Court : US Supreme Court
..... may be taken and sold under an execution. page 28 u. s. 132 it is said, however, that this right of entry does not pass, because, by the tenth section of the act, it is declared that the deeds given by the trustees shall be as valid as if made by the debtor, and that the debtor could not make a valid ..... it begins with a preamble reciting that "divers persons holding or claiming property within this state have voluntarily been adherent to the said king [of great britain], his fleets and armies, enemies to this state and the said other united states, with intent to subvert the government and liberties of this state and of the said other united states, page 28 ..... of this resolution, abiding in the state and owing protection to the laws of the same. he was within the british lines, and under the protection of the british army, manifesting a full determination to continue a british subject. but if it should be admitted that the state of new york had a right to claim the allegiance of charles .....
Tag this Judgment!Court : US Supreme Court
..... times and all circumstances. what, then, is that obligation, that allegiance worth which may be changed an hundred times a day? or by passing over from one army to another, perhaps in the day of battle? the truth is, it leaves but a shadow of a tie to society, and converts that which is considered as ..... measure to patronize it, since we find in it a multitude of nisi prius decisions, obiter dicta, and certainly some striking misapprehensions, ranged on the same shelf with acts of congress. on the particular subject now under consideration, art. 1649, we find the following sentence: "citizens of the united states have a right to expatriate themselves ..... the subject containing a liberal extension of this right to individuals and prescribing the form and circumstances under which it is to be exercised, and by which the act of expatriation shall be authenticated. a want of liberality in legislating on this subject might involve the government in inconsistency; but the question here is whether, in .....
Tag this Judgment!Court : US Supreme Court
..... 200; which securities shall be jointly and severally bound for the payment of the amount so loaned, with interest thereon, under the regulations contained in the preceding section of this act." "sec. 23. be it further enacted that the general assembly shall, as soon as may be, cause the salt springs and lands attached thereto given by congress ..... from hutchinson's history of massachusetts, vol. 1, p. 402, that bills of credit were emitted for the first time in that colony in 1690. an army returning unexpectedly from an expedition against canada, which had proved as disastrous as the plan was magnificent, found the government page 29 u. s. 435 totally unprepared to ..... the certificates issued under the authority of the missouri law, bills of credit, within this prohibition? the form of the certificate is prescribed in the third section of the act (act 27 june, 1821) as follows: "this certificate shall be receivable at the treasury or any of the loan offices of the state of missouri, in the .....
Tag this Judgment!Court : US Supreme Court
..... the district judge of pennsylvania, charging him with high treason. he was, after much deliberation, admitted to bail. this was a proceeding contemplated by the thirty-third section of the judicial act, which declares that in cases where the punishment page 28 u. s. 208 may be death, bail shall not be admitted but by the supreme or a circuit ..... were the record brought up directly by writ of error. the power, however, to award writs of habeas corpus is conferred expressly on this court by the fourteenth section of the judicial act, and has been repeatedly exercised. no doubt exists respecting the power; the question is whether this be a case in which it ought to be exercised. the ..... for the prisoner rely mainly on the case page 28 u. s. 209 of wise v. withers, 3 cranch 330. this was an action of trespass vi et armis for entering the plaintiff's house and taking away his goods. the defendant justified as collector of the militia fines. the plaintiff replied that he was not subject to militia .....
Tag this Judgment!Court : US Supreme Court
..... 22 october, 1779, it being admitted by the counsel for both parties that roger morris, mary morris, the wife of roger morris, and beverly robinson mentioned in the first section of the act, are and were the same persons by those names thereinbefore mentioned, beverly robinson being the person by that name who was one of the parties to the marriage settlement ..... going to england. it appears from the testimony of colonel barclay that morris and his family left new york for england before the evacuation of the city by the british army, which was on 25 november, 1783. it is well known as a matter of history that the british were in possession of the city of new york through all ..... with costs. [ footnote 1 ] see evans v. eaton, 7 wheat. 356, 20 u. s. 426 . [ footnote 2 ] see 1 phillips on evid. ch. 8, sec. 2, 411. 1 stark.evid. part 2, sec. 123, page 301, sec. 156, page 369. com.dig. estoppel b. c. evidence b. 5. matthews on presumpt. 195-206, 269; co.litt. 352; mayor, &c.;, of carlisle v .....
Tag this Judgment!Court : US Supreme Court
..... made a part of the record, page 30 u. s. 300 the bill of exceptions must be looked to as containing the ground of objection. by the second section of the act of 3 march, 1797, it is provided "that in every case of delinquency where suit has been or shall be instituted, a transcript from the books and ..... were, by a bond executed on 7 february, 1810, in the sum of $10,000, the sureties of alpha kingsley, appointed a district paymaster in the army of the united states under the act of congress passed on 16 march, 1802. alpha kingsley was dismissed from the service of the united states in 1815. the action was commenced in december, ..... states, in which account he was charged as late district paymaster with moneys advanced to him for pay, subsistence, forage, bounties, and premiums, and contingent expenses of the army, and credited with disbursements made under the same heads of expenditures and showing a large amount of items suspended and disallowed. by this account it appeared that the same .....
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