Court : US Supreme Court
..... the bond, taken under the act of 7 may, 1822, sec. 1, wholly omitted one of the clauses required by the statute to be inserted in the condition. the court there entertained no doubt as to the validity of ..... granted in smith v. united states, 5 pet. 293, where the objection, indeed, was not taken, but the bond was not in exact conformity to the statute (act of 16 march 1802, ch. 9, sec. 16), under which it was given by a paymaster. it was also directly before the court in farrar and brown v. united states, 5 pet. 373, where ..... 24 april, 1816, ch. 69, for organizing the general staff and making further provision for the army of the united states. 2d. if not, whether the bond is wholly void or void only so far as it is not in conformity to that act. the act (section 6) provides "that all officers of the pay, commissary, and quartermaster's department shall, previous to entering .....
Tag this Judgment!Court : US Supreme Court
..... effect upon the plaintiffs' right to the soil and freehold of the streets. but only decide that such right, if it exists, is not barred by the first section of the act. 3. upon the third point, the law in massachusetts is well settled that where a mere easement is taken for a public highway, the soil and freehold ..... the united states, under and by virtue of the term 'appurtenances.'" the right of the plaintiffs to the freehold of the streets is not barred by the first section of the act of the legislature of massachusetts of 30 october, 1781. the law in massachusetts is well settled that where a mere easement is taken for a public highway, ..... circumstances as to be rendered unable, without the assistance and encouragement of the public, to carry said plan into execution," "sec. 9. be it further enacted by the authority aforesaid that from and after the passing of this act, there shall be allowed and paid out of the public treasury of this commonwealth to the honorable nathaniel gorham, esq., .....
Tag this Judgment!Court : US Supreme Court
..... to save themselves from the consequences of their paying any other debt than that due to the united states before it is satisfied, as prescribed by the sixty-fifth section of the collection act. if mr. brent was such a debtor as is contemplated by the law, and died without property sufficient to pay his debts, the right to satisfaction out of ..... legal right to priority of payment out of the stock of mr. brent, and a remedy to enforce it, plain, adequate, and complete at law, the sixteenth section of the judiciary act, 1 story 59, is a proviso on the jurisdiction of a court of equity, and it is not a case in equity under the third article of the constitution ..... for security, if so provided in the charter; his stock gives credit to his name, and the bank grant the loan on its faith. robert brent, a paymaster of the army of the united states, having become indebted to the united states and being in an infirm state of health, on 17 may, 1819, executed an assignment stating the situation of .....
Tag this Judgment!Court : US Supreme Court
..... 11 pet.) 167 error to the supreme court of the western district of the state of pennsylvania syllabus jurisdiction. the supreme court has no power under the twenty-fifth section of the judiciary act of 1789, to revise the decree of a state court when no question was raised or decided in the state court upon the validity or construction of an ..... where the judgment was affirmed. to that court, as the highest court of law of the state, this writ of error was prosecuted under the provisions of the 25th section of the judiciary act of september, 1789, the plaintiff in error claiming the exercise of the jurisdiction of this court on the allegation that an ..... the case shows that the question upon which the case turned and which was decided by the supreme court depended entirely upon the laws of pennsylvania, and not upon the act of congress. the question brought before the state court and there decided against the plaintiff in error was this: is a person in possession of land in pennsylvania, .....
Tag this Judgment!Court : US Supreme Court
..... the complainant shall pay to the defendant his costs, except for special reasons appearing, the court should otherwise decree." the foregoing extract is the twenty-ninth section of an act professedly regulating proceedings in the court of chancery. conflicts of title were unfortunately so numerous that no one knew from whom to buy or take lands with ..... . north carolina and virginia, to a great extent, paid their officers and soldiers of the revolutionary war, by such grants, and extinguished the arrears due the army by similar means. it was one of the great resources that sustained the war not only by these states but others. the ultimate fee (encumbered with the ..... grounds. north carolina and virginia, to a great extent, paid their officers and soldiers of the revolutionary war by such grants, and extinguished the arrears due the army by similar means. it was one of the great resources which sustained the war not only by those states, but by other states. the ultimate fee, encumbered .....
Tag this Judgment!Court : US Supreme Court
..... one called northwest and the other the northeast land districts of the state of illinois, and the last mentioned district includes the land in controversy. by the fourth section of said act it is provided that the president shall be authorized, so soon as the survey shall be completed, "to cause to be offered for sale in the manner ..... justice barbour delivered the opinion of the court. this is a writ of error to the supreme court of the state of illinois, prosecuted under the 25th section of the judiciary act of 1789. it was an action of ejectment brought by the defendant in error against the plaintiff in error. from an agreed case stated in the record, ..... used for military purposes. it is admitted that various persons from time to time have resided upon the fractional quarter section ten, as well as mr. beaubean, but all those persons were in some way connected with the army and acting under the command of the united states' officers, and that one samuel t. brady (who was a settler at .....
Tag this Judgment!Court : US Supreme Court
..... not exercise a proper discretion. he violated no regulation which he was bound to respect. in touching at the falkland islands for the purpose of taking seal, he acted strictly within the limits of his commercial enterprise, and did not voluntarily incur a risk which should exonerate the insurers. it was the duty of the master to ..... of the vessels insured were bound on a sealing voyage, and proceeded to the falkland islands in pursuance thereof, and were there both seized by one lewis vernet, acting as governor of those islands under the appointment and authority of the government of buenos ayres. the harriet was seized on 30 july, 1831, and was subsequently carried ..... also an action was brought." "the declaration upon each policy averred a total loss by the seizure and detention of one lewis vernet and other persons, pretending to act by the authority of the government of buenos ayres with force and arms." "the causes came on to be heard together by the court upon certain facts and .....
Tag this Judgment!Court : US Supreme Court
..... in our legislature, "hosiery" is mentioned eo nomine, there cannot be a doubt that the legislative intention then was confined to woolen hosiery. the second clause of the second section of that act is in the following words: "on manufactures of wool, or of which wool shall be a component part, except carpeting, blankets, worsted stuff goods, bombazines, hosiery, mits ..... so verified and authenticated, are declared to be deemed to be suspected, and liable to be treated in the same manner as fraudulent invoices. and the 23d section of the act provides, that when goods are admitted to an entry upon invoice, the collector shall certify the same under his official seal, and no other evidence of the ..... would constitute a good defense to the suit. in skyring v. greenwood, 4 barn. & cres. 281, it was held that money paid by a paymaster to an army officer, could not be recovered back again or claimed by way of setoff, he having been guilty of a breach of duty and of negligence in not communicating to .....
Tag this Judgment!Court : US Supreme Court
..... of the executors. that the defendant left the state of south carolina without settling the estate or accounting for the funds which came into his hands; that mcmorris continued to act as executor, and that there is in the hands of the executors about the sum of sixteen thousand dollars, funds of the estate, and that they have neglected and refused .....
Tag this Judgment!Court : US Supreme Court
..... its emanation, wholly within the territory allotted to the cherokee indians, and was null and void, as such entries and grants were prohibited by the sixth section of the act. it was held that the title under which the plaintiffs claim was invalid. construction of the treaties with the cherokee indians relative to lands within the ..... right. the land was entered in 1795, and patented 20 july, 1796. by the fifth section of the act of north carolina for opening the land office for the redemption of specie and other certificates and discharging the arrears due to the army, passed in 1783, it is provided, "that the cherokee indians shall enjoy all the lands ..... lying within certain bounds forever." and the sixth section provides "that no person shall enter and .....
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