Court : US Supreme Court
..... being erroneously for tobacco of the inspection of 'fredericksburgh, or falmouth, in virginia, on rappahannock river, the plaintiff's counsel, after the jury were sworn, moved to amend the declaration, agreeably to the tenor and purport page 1 u.s. 458, 460 of the writ, by striking out those words, and inserting, 'richmond, or ..... rappahannock river, to be due to the plaintiff from the defendant, value l2000, with sixpence damages and sixpence costs.' whereupon judgement was entered generally. ii. on the second, or smaller, record, it appeared, that an action of debt in the detinet, for 200,000 weight of net crop tobacco, of the inspection of richmond, or ..... on. exemplifications are easily obtained, and they are not expensive. we find that the judges in england have generally had the precaution to require exemplifications of acts of parliament, which did not concern the kingdom in general, properly compared and certified, before they would admit them in evidence in their courts of justice; .....
Tag this Judgment!Court : US Supreme Court
..... the old constitution. they now enjoy them all, excepting such as are granted to the government of the united states by the present instrument and the adopted amendments, which are for particular purposes only. the government of the united states forms a part of the government of each state; its jurisdiction extends to the providing ..... us. it is an action brought in the name of the commonwealth of pennsylvania against an alien, a british subject. by the express words of the second sentence of the 2nd section of the 3rd article of the constitution of the united states, in such an action the supreme court shall have original jurisdiction, whereas it is ..... state." when the judicial law was passed, the opinion prevailed that states might be sued, which by this amendment is settled otherwise. the argument ab inconvenient is also applicable to the construction of this section of the act of congress. can the legislature of the united states be supposed to have intended (granting it was within their .....
Tag this Judgment!Court : US Supreme Court
..... admission of which deed the defendant objected, but the court admitted it to be read in evidence, saying the date of the demise was immaterial, or the plaintiff might amend his declaration, which he did, before the jury retired from the bar, by altering the date of the demise. the 3d bill of exceptions stated that the defendant ..... could be surveyed under this entry and warrant, while the land really entered remained vacant, it was entirely unimportant whether the survey was made under the first or a second copy of the entry. if indeed two persons claimed the same land under different surveys and grants, the elder patentee would, of course, hold the land at law. ..... objection. the original law requiring the enregistering of deeds, passed in north carolina (then comprehending what is now the state of tennessee) in the year 1715. this act requires that the deed shall be acknowledged by the vendor or proved by one or more evidences upon oath either before the chief justice for the time being, or .....
Tag this Judgment!Court : US Supreme Court
..... northern pacific railroad (now railway) company, under act of july 2, 1864 (13 stat. 365), as amended by joint resolution of may 31, 1870 (16 stat. 378). on ..... october 15, 1883, said railway company selected all of the above described tracts of land per ..... the date of the passage of the act. a hearing was had before the commissioner of the general land office upon the issue made between the page 247 u. s. 247 state of minnesota and the immigration land company, wherein the commissioner held: "these tracts of land are within the second indemnity limits of the grant to the .....
Tag this Judgment!Court : US Supreme Court
..... of the appearance had ever been suggested. in the statutes of jeofails and amendment, which respect this subject, the nonappearance of a warrant of attorney in the record, has generally been treated as matter of form; and the thirty-second section of the judiciary act may very well be construed to comprehend this formal defect in its general terms ..... reason for the interference of the court rather strengthened than weakened? had the privilege of the bank been exclusive, the argument admits that any other person, or company might have been enjoined, according to the regular course of the court of chancery, from using or exercising the same business. why would such person or ..... company have been enjoined? to prevent a permanent injury from being done to the party entitled to the franchise or privilege; which injury, the appellants say, cannot be .....
Tag this Judgment!Court : US Supreme Court
..... 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 ..... the declaration are sufficient to give the court jurisdiction of the cause. 2d. page 22 u. s. 906 the second point is understood to involve two questions: 1. does the circumstance that the state is a corporator bring this cause within ..... 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 ..... government becomes a partner in any trading company, it divests itself, so far as concerns the transactions of that company, of its sovereign character and takes that of a private citizen. instead of communicating to the company its privileges and its prerogatives, it descends .....
Tag this Judgment!Court : US Supreme Court
..... not be denied. the exercise of the corporate franchise, being restrictive of individual rights, cannot be extended beyond the letter and spirit of the act of incorporation. in the second section of the act, power is given to the directors to extinguish the indian title, under the authority of the united states, when obtained; to survey and locate ..... incorporation by the legislature of ohio required nine directors to be appointed, who were authorized to hold their meetings out of the state. in the second section, power is given to the directors to extinguish the indian title; to survey the land into townships or otherwise to make partition, as they ..... . this company was first incorporated by the connecticut legislature in the year 1796. no person is named in the act, but the corporators are designated, as the "proprietors of the half million of acres of land lying south of lake erie." under this law the corporation was organized. in 1797, the connecticut legislature passed an amendment to this .....
Tag this Judgment!Court : US Supreme Court
..... nil debet. the statute of limitations of kentucky, referred to in the fourth and fifth counts, was passed february 4, 1812, and is as follows: "an act to amend the law of proceedings in civil cases. approved, feb. 4, 1812." "sec. 8. be it further enacted by the authority aforesaid, that all writings hereafter ..... as principals, and david campbell and steele, donnally & steeles, as sureties, to promise to pay, jointly and severally, to the order of the president, directors, and company of the bank of the united states, without defalcation, $12,877, negotiable and payable at the office of discount and deposit of the said bank at louisville, kentucky, ..... thereon at the rate of six percentum per annum thereafter, if not paid at maturity." "campbell, vaught & co." "david campbell" "steele, donnally & steeles" the first, second, and third counts in the declaration set out the note as a simple contract debt, to which the defendant pleaded " nil debet" and the statute of limitations of virginia, .....
Tag this Judgment!Court : US Supreme Court
..... to recover a large sum alleged to be due for the construction of certain locks, &c.;, from the chesapeake & ohio canal company, and filed their declaration containing nine general counts of indebitatus assumpsit for work done and materials found, money laid out and expended, ..... in the power of the defendant to object to its want of precision, and the court will require it to be amended before the commencement of the trial, and if this be not the only mode of taking advantage of any defect in ..... that article." and also the answer of theophilus williams to an interrogatory on the part of the plaintiffs. "to the thirty-second annexed interrogatory, this deponent replies that the plaintiffs were very greatly hindered in their operations by the want of cement. this ..... that the claim arises for want of cement on locks no. 5 and 6. the ancient doctrine that a corporation can act in matters of contract only under its seal has been departed from by modern decisions, and it is now considered that the .....
Tag this Judgment!Court : US Supreme Court
..... thousand dollars, on the day the conveyance was made, claiming that this was also the consideration in the deed. held that this evidence was admissible without an amendment of the answer. it rebutted the allegation in the bill that the deed was made wholly without consideration. the complainants, as the ground to invalidate a deed ..... more easily and satisfactorily to make an equal distribution of his property among all his children, as well the said eleanor, as those he had by a second marriage. this was a measure well calculated to promote harmony among his children, and his intention to carry that disposition of his property into execution, was ..... the facts then presented to the circuit court. the bill alleges the conveyance of 1813 to have been executed without any valuable consideration, and that the daughter acted under the influence of parental authority. that it was executed without valuable consideration, the answers admit, but they deny that any constraint or parental authority was .....
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