Court : US Supreme Court
..... i have said that this is the result of established principles, and the case of the islington market, recently before the judges of england upon certain questions submitted to them by the house of lords, is an authority of the most solemn and conclusive nature upon this identical point ..... we think not, and it would present a singular spectacle, if, while the courts in england are restraining, within the strictest limits, the spirit of monopoly, and exclusive privileges in nature of monopolies, and confining corporations to the privileges plainly given to them in their charter, the courts of this country should ..... well known historically that this was the very first bridge ever constructed in new england over navigable tidewaters so near the sea. ..... not here about to apply the principles which have been long established in england for the protection of ancient ferries, page 36 u. s. ..... of construction in such cases is well settled both in england and by the decisions of our own tribunals. ..... holds good whether the grant emanate from the royal prerogative of the king, in england, or under an act of legislation, in this country. ..... would be void in this country on the same ground that it would be void in england if made by the king. ..... the doctrine is, in england, just as true now, and just as strictly enforced, as it was ..... and duties of the owners of the ferries at the common law were not disputed by any of the learned judges in the state court to be precisely the same in massachusetts as in england. .....
Tag this Judgment!Court : US Supreme Court
..... this question has undergone many discussions in the courts of england and america, and has given rise to opposing judgments in the two countries. ..... be the origin of it, however, what it may, the doctrine is now firmly established both in england and america. ..... this doctrine is fully established in england and america. .....
Tag this Judgment!Court : US Supreme Court
..... was a proper case for a mandamus, provided congress has conferred on the circuit court for the district of columbia the prerogative, jurisdiction, and powers exercised by the court of king's bench in england, for stockton and stokes are entitled to have the credit entered in the manner directed by the act of congress, and they have no other specific means provided by law for compelling the performance ..... the argument founded upon this section is in substance this: the laws of maryland are declared to be in force in this part of the district; the common law of england constitutes a part of those laws; by the common law, in such a case as this, a writ of mandamus would lie; therefore, the circuit court of this ..... the power to issue the writ of mandamus to an officer of the government commanding him to do a ministerial act does not, by the common law of england or by the laws of maryland as they existed at the time of the cession, belong to any court whose jurisdiction was limited to a particular section of country and was ..... date of the act of congress establishing the government of the district of columbia, the common law of england was in force in maryland, and of course remained and continued in force in the part of the ..... it was admitted on the argument that at the date of this act, the common law of england was in force in maryland, and of course it remained and continued in force in this part of the district, and that the power to issue a mandamus in a proper case is a branch of .....
Tag this Judgment!Court : US Supreme Court
..... possession of the same and exercises and asserts sovereignty and jurisdiction over the same under the pretenses that the same was included in the grants or charters from the crown of england, under the mistaken belief that the line, three miles south of charles river (a station having been fixed by nathaniel woodword and solomon saffrey as the point three miles south ..... the tract of land comprised within the limits of the state of rhode island and providence plantations had been colonized and settled with a considerable population by emigration, principally from england and the colony of the massachusetts bay, and that the persons who had so colonized and settled the same were seized and possessed by purchase and consent of the indian ..... baldwin delivered the opinion of the court: at the january term of this court, 1832, the plaintiff filed a bill in equity presenting a case arising under the various charters from the crown of england to the plymouth company in 1621; to massachusetts in 1629; to rhode island in 1663; the new charter to massachusetts in 1691; together with sundry intermediate proceedings of the council of plymouth, the ..... to the council at plymouth, of 19 march, 1628, to sir henry rosewell and others of a certain tract of land described in the same, as "all that part of new england, in america, aforesaid, which lies and extends between a great river there, commonly called monomack, alias merrimac, and a certain other river, there called charles river, being in the .....
Tag this Judgment!Court : US Supreme Court
..... if this question were necessarily to be decided by the principles of law as settled in the courts of england and the united states, page 37 u. s. .....
Tag this Judgment!Court : US Supreme Court
..... chief justice spencer stated the difference between the decision in new york and those in england to be merely this, that in new york the court required the separate creditor who had obtained the partnership paper for the private page 37 u. s. ..... 232 debt of one of the partners to show the assent of the whole firm to be bound, and that in england the burden of proof was on the other partners to show their want of knowledge or dissent. ..... introduced a letter from john richards to them dated natchez, june 6, 1825, of which the following are extracts: "today we have amount of sales of all the cotton we own (except half interest in seventy-eight bales gone to england, which was sold by messrs. ..... the half profits of seventy-eight bales of cotton, gone to england, which i hope may be. . . . . . . . . .....
Tag this Judgment!Court : US Supreme Court
..... of the maritime and commercial law, is deemed wreck or shipwrecked property; but "wreck of the sea" in the purely technical sense of the common law, and constituting a royal franchise, and a part of the revenue of the crown in england, and often granted as such a royal franchise to lords of manors. .....
Tag this Judgment!Court : US Supreme Court
..... the complainants, as the ground to invalidate a deed, made by a daughter of twenty-three years of age to her father by which she conveyed the estate of her deceased mother to her father, he having a life estate as tenant by curtesy in the same, asserted that such a deed ought, upon considerations of public policy growing out of the relations of the parties, be deemed void. ..... . when the facts proved are in accordance with the presumption and establish that the same condition continued to the date when suit was brought, time has not been strictly regarded in england, and chancery has frequently proceeded to afford relief, disregarding the length of time, upon evidence of a continuing oppression and poverty, or concealment ..... the deed was made, eleanor was only eighteen months over twenty-one years of age, and that she was the sole heir of her mother, the father and grantee being tenant by the curtesy of the lands descended. ..... she died leaving but one child, the mother of the complainants, and her estate descended to her daughter, subject to a life estate in george jenkins, as tenant by the curtesy. .....
Tag this Judgment!Court : US Supreme Court
..... in some respects, our law on this point differs from that of england, for by the latter, the right to a total loss vested by an abandonment may be divested by subsequent events which change that total loss into a partial loss. .....
Tag this Judgment!Court : US Supreme Court
..... but that the question in such case may perhaps be considered at rest in england by the decision of the late case of rowe v. .....
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