Court : US Supreme Court
..... to be more emphatically a mere revenue measure. so its actual policy for fifteen years has been to lessen the use of spirit in both the army and navy, and by the third section of the act of aug. 29, 1842, ch. 267, 5 stat. 546, this policy is recognized and encouraged by law. so when resorting to internal duties, ..... , on which verdict the supreme judicial court of massachusetts pronounced judgment, and from which a writ of error was prosecuted to this court under the twenty-fifth section of the judiciary act of 1789. the bill of exceptions shows that some of the sales charged in the indictment were of foreign liquors, in regard to which the court directed ..... of error to the superior court of judicature of new hampshire, where the judgment was affirmed. the present writ of error is prosecuted, under the twenty-fifth section of the judiciary act of 1789, to reverse the judgment of the state court of new hampshire on the grounds above stated. and the question and the case presented for our .....
Tag this Judgment!Court : US Supreme Court
..... john m. perry filed in court the following, viz.: " instructions " "lilbourne p. perry" "v. 9th district court -- an attachment" "samuel anderson" "i, john m. perry, acting as agent for lilbourne p. perry, plaintiff in above-entitled suit, hereby direct thomas b. scott, of the parish of madison, to return the writ of attachment now in his ..... were citizens of virginia and the complainants were citizens of missouri. shelton being the only appellant, the objection of citizenship must be limited to him. under the act of congress, jurisdiction may be exercised by the courts of the united states "between a citizen of the state where the suit is brought, and a citizen ..... money, was worthless. the parties to it were insolvent when it was assigned to the complainants, which fact was known to the assignor, samuel anderson. he acted fraudulently in representing the note to be good when he knew it was valueless. by his own confession after the assignment the fraud is established. it is insisted .....
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..... a fraud and a tort on the shippers, and the fire that occurred and consequent loss of life a crime on the part of the master. by the twelfth section of the act of 1838, chap. 191, every person employed on any steamboat or vessel by whose negligence page 47 u. s. 394 to his respective duty the life of ..... admiralty and maritime jurisdiction, and therefore the circuit court should have remanded it to the district court, to be tried before a jury. he referred to the ninth section of the judiciary act, which declared that "the trials of issues of fact in the district courts, in all causes except civil causes of admiralty and maritime jurisdiction, shall be by ..... both misfeasance and nonfeasance, and a consequential loss from them, which it is customary to consider as tortious. it was here, to be sure, not a trespass vi et armis, and perhaps not a conversion of the property so as to justify trover, though all the grounds for the last exist in substance, as the plaintiffs have lost their property .....
Tag this Judgment!Court : US Supreme Court
..... community generally in both war and peace. no question can exist as to the correctness of this doctrine in time of peace. the mutiny act itself, for the government of the army, in 36 geo. 3, ch. 24, sec. 1, begins by reciting, "whereas, no man can be forejudged of life or limb, or subjected page 48 u. s. 64 in time of ..... enforced in its judicial tribunals. a question very similar to this arose in the case of martin v. mott, 12 wheat. 29-31. the first clause of the first section of the act of february 28, 1795, of which we have been speaking, authorizes the president to call out the militia to repel invasion. it is the second clause in the same ..... . when this is not done in a particular case by congress, if then in session, it is done by the president in conformity to the constitution, art. 1, sec. 8, and the act of congress of february 28th, 1795, 1 stat. at large 424, "to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel .....
Tag this Judgment!Court : US Supreme Court
..... the plaintiff on board "essential to the public interest," could rightfully direct him to remain, and in the event he did so, as is averred here, the third section of the act of 1837 provides that the plaintiff should be "subject in all respects to the laws and regulations for the government of the navy until" his return to the united ..... lawful to enlist persons to serve for five years, and a premium is given to enlist persons to voluntarily reenlist to serve until the return of the vessels." see 3d section of act of march 2, 1837. in the present instance, the exploring expedition having been detained in this country by obstacles in the preparations, and a change in the commander, ..... to be fixed in the same way as that of the seamen. sec. 6, 351. so it was again by the act of april 27, 1798. 1 stat. 552. and they have ever since been associated with the navy, except when specially detailed by the president for service in the army. see act of congress, 11 july, 1798, 1 stat. 595, 596. thus .....
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..... lien. ii. could this lien be defeated by the interposition of the plea of bankruptcy as a bar to a judgment in favor of the plaintiff? by the fourth section of the act it is declared that "the certificate or discharge, when duly granted, shall, in all courts of justice, be deemed a full and complete discharge of all debts, contracts ..... the judgment of the court below, was affirmed. the defendants, now plaintiffs in error, then prosecuted their writ of error to this court under the twenty-fifth section of the judiciary act of 1789. as the record shows that the highest court of judicature of the state of new hampshire has decided against a title claimed under a statute of ..... v. jenness 48 u.s. (7 how.) 612 error to the superior court of judicature for the state of new hampshire syllabus the proviso of the second section of the bankrupt act passed on 19 august, 1841, preserves all liens which may be valid by the laws of the states respectively. in some of the states, attachments are issued on .....
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..... the petitioner have the right to enter other lands belonging to the united states, at any land office in louisiana, according to the provisions of the eleventh section of the act of 1824. and it appearing by reference to the order of this court, dated 17 june, 1846, that petitioner's petition has page 50 u. s ..... book under my charge destined to the effect, and for titles of said class." "[signed] carlos ximenes" "registered in the office of the principal comptroller for the army, and also in the office of the royal treasury, both of which are under our charge, at page 38 of the book destined to that effect and purpose." ..... above." "[signed] carlos trudeau, surveyor general " on 2 january, 1804, the following grant was made: "don juan ventura morales (contador de exercito), comptroller for the army, intendant and superintendent pro tempore of the province of west florida, minister commissioned with the adjustment and final settlement of the affairs of the royal hacienda (domains) in the .....
Tag this Judgment!Court : US Supreme Court
..... while in the military occupation of the forces of the united states, ceased to be a foreign country within the meaning of the first section of the act of congress passed 30 july, 1846, entitled, 'an act reducing the duty on imports, and for other purposes,' so that goods, wares, and merchandise of the produce, growth, and manufacture ..... declared against mexico, were not extended by the conquest; nor could they be regulated by the varying incidents of war, and be enlarged or diminished as the armies on either side advanced or retreated. they remained unchanged. and every place which was out of the limits of the united states, as previously established by the ..... 1846, the congress of the united states declared that war existed with mexico. in the summer of that year, new mexico and california were subdued by the american armies, and military occupation taken of them, which continued until the treaty of peace of may, 1848." "on 15 november, 1846, commodore conner took military possession of .....
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..... should be commissioners for the purpose of ascertaining the rights of persons claiming under any french or spanish grant or under the first two sections of the act. the first section applies to claims under any duly registered warrant or order of survey obtained from the french or spanish government. the second applied to persons ..... orleans, 1 august, 1781, less than three months after the capitulation of pensacola. in the caption of the grant, galvez is styled colonel of the royal army, governor and intendant of the province of louisiana. mazange, who certifies the copy as registered in his office, was appointed clerk of the cabildo, 1 january, ..... de galvez, knight pensioner of the royal and distinguished spanish order of charles the third, colonel of the royal army, governor, intendant, and inspector general of the province of louisiana &c.;" "considering the foregoing acts performed by don francisco caminada, which establish the right of possession which he has to the two islands, deer .....
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..... as this claim does, near one-third of its supposed size. finally, on what is properly before us under the twenty-fifth section, we think that the defendants, as grantees from congress of the "hospital and bakehouse lots," act of 26 may, 1824, in 4 stat. 67, should not be disturbed in their occupation of the latter lot, with the ..... the year 1780 or 1781, as appears from the deposition of madame beaumont hereto attached as a part of this record; that he was an officer of the british army at the time of his death; that the family, shortly after the conquest by spain of that province, removed from the province, and none of them returned during ..... of mobile was an unconditional donation of all right and title of the united states in and to the thing granted, which immediately passed to the grantee. the previous acts of congress, therefore, giving to the receiver and register power to ascertain and settle the boundaries of conflicting confirmed claims have no application, and it was not competent .....
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