Court : US Supreme Court
..... founded on the principle, supposed to be universally recognized, that the judicial department of every government, where such department exists, is the appropriate organ for construing the legislative acts of that government. thus, no court in the universe which professed to be governed by principle would, we presume, undertake to say that the courts of great ..... united states is received by all as the true construction, and on the same principle the construction given by the courts of the several states to the legislative acts of those states is received as true unless they come in conflict with the constitution, laws, or treaties of the united states. if, then, this question ..... the contrary, i think the rule has been so laid down that every right of action in equity that accrues to the party, whatever it may be, must be acted upon, at the utmost, within twenty years." this question was fully discussed, and solemnly, and, we think, finally decided in the case of marquis cholmondeley v. lord .....
Tag this Judgment!Court : US Supreme Court
..... insist that they are inapplicable to the case of a surety in a paymaster's bond because, by the 4th section of the act "for organizing the general staff, and making further provision for the army of the united states," if the paymaster fail to render his vouchers to the paymaster general for settlement of his ..... , its authority confirmed, and applied to the present case. an omission of the proper officer to recall a delinquent paymaster under the injunctions of the fourth section of the act of 24 april, 1816, ch. 69, does not discharge his surety. the provisions requiring the delinquent paymaster to be recalled, and a new appointment to ..... accounts for more than six months after his having received founds, the injunction of the act is imperative "that he shall be recalled, and another appointed in his place." it is contended by the defendant's counsel that this section .....
Tag this Judgment!Court : US Supreme Court
..... therefore, admitted that any express authority is given by either statute that such a court martial as is contemplated for the trial of delinquents under the 5th section of the act of 1795 is to be composed of the same number of officers, organized in the same manner as these rules and articles contemplate for persons in ..... , and conducted in the manner prescribed by the rules and articles of war for appointing, holding, and conducting courts martial for the trial of delinquents in the army of the united states." this language is obviously confined to the militia in the actual service of the united states, and does not extend to such as are ..... they shall not consist of less than thirteen where that number can be convened without manifest injury to the service," and that "any general officer commanding an army or colonel commanding a separate department may appoint general courts martial when necessary." supposing these clauses applicable to the court martial in question, it is very clear .....
Tag this Judgment!Court : US Supreme Court
..... brigadier general, from 22 november, 1814. the pay and emoluments of the officers of the army are fixed by the act of 16 march, 1802, and the act of 12 april, 1808. by the fifth section of the first mentioned act it is provided that the commanding officers of each separate post shall be entitled to such ..... 16 march, 1816, directing double rations to be allowed to officers commanding military departments, is construed to relate to the geographical sections of country, into which the two divisions of the army are divided, and which were denominated departments and intended to designate the extent of actual command given to the officer commanding each ..... 18 march, 1818, directing double rations to be allowed to officers commanding military departments, is construed to relate to the geographical sections of country into which the two divisions of the army are divided and which were denominated "departments," and intended to designate the extent of actual command given to the officer commanding .....
Tag this Judgment!Court : US Supreme Court
..... a right to intervene in the name of the united states. they could not maintain a right to succeed to the united states under the provisions of the 65th section of the act of 1799, 3 vol. 197, because that right is extended only to sureties upon the bond. if they had acquired any right as against the thellusons, ..... court, the observations which have fallen from the bar show, that the opinions of the court have sometimes not been understood according to their true import. the 65th section of the act declares that "in all cases of insolvency or where any estate in the hands of executors, administrators, and assignees shall be insufficient to pay all the debts ..... for the plaintiff, otherwise not. it was further stated by the judge that he had declined giving a construction of the 62d section of the act imposing duties, or an opinion on the question whether under that section, the consignee of imported goods is liable for the duties on them, considering it to be unnecessary from the view which he .....
Tag this Judgment!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
..... 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
..... 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 .....
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