Court : US Supreme Court
..... the counsel for the united states having produced the invoices of two importations -- one into philadelphia, and the other into new york -- of goods exported from england by the claimant, whose affidavit was in each case annexed, dated 23 may, 1839, and 12 june, 1839, the counsel for the claimant excepted to the reading of these two affidavits." "7. ..... 261 upon informations of a like character under those acts, and of what have been, both in england and in our own country, declared to be essential allegations in informations for offenses against the revenue arising from foreign trade, we have concluded that the language in wood's case is stronger than it should have been. ..... on 15 february, 1840, the claimant, being then in england, made out a copy of the invoice of the goods in question, to which he annexed a purchaser's oath stating the goods to have been purchased on 28 may, 1839, from william buckley and company. .....
Tag this Judgment!Court : US Supreme Court
..... oftenest the case, from various general expressions in the english books and cases as to the admiralty jurisdiction being coextensive with tidewaters, when that expression means, in all the adjudged cases in england as to torts and crimes -- and must, on principle, as before shown, mean, in order to secure the trial by jury and the common law -- the tidewaters on ..... -- that seizures for violation of the laws of revenue and trade were meant by congress to be treated as cases in admiralty, and tried without a jury, though they never had been so tried in england till the encroaching statutes, and never here except as our fathers declared to be illegally -- is almost as harsh, and more derogatory on our fathers themselves, as being an act done by themselves, ..... , for such a reason, that a statute was intended to have such a construction seems to have forgotten the remonstrances of our fathers against the odious measures of england corresponding with such a construction, and to have overlooked the probable difference in the feelings of juries towards laws made by themselves or their own representatives, and ..... , or as "cases in admiralty," which was not done by the common law, nor when the constitution was adopted, either in england or here, we produce both the great evils deprecated -- an abridgment of the jury trial from what prevailed both here and in england, and the forcing of citizens to a great distance from their state tribunals to defend their rights under a different forum and a .....
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..... that the ancient state insolvent laws, which were often called here "poor debtor's acts," and in england "lord's acts," and usually discharged only the body from imprisonment, instead of the contract, 2 tidd pr. .....
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taylor v. benham - 46 u.s. 233 (1847) u.s. supreme court taylor v. benham, 46 u.s. 5 how. 233 233 (1847) taylor v. benham 46 u.s. (5 how.) 233 cross-appeals from the district court of the united states for the northern district of alabama syllabus by the laws of alabama, an administrator de bonis non with the will annexed is liable for assets in the hands of a former executor. where an executor has settled what appears to be a final account, it must be a very strong case of fraud proved in such a settlement, or of clear accident or mistake, to make it just to reopen and revise the account after the lapse of twenty years and the death of the parties concerned. where a person who held land as trustee directed by his will that the whole of the property that he may die seized and possessed of or may be in any wise belonging to him should be sold, the executors had power to sell the land held in trust as well as that belonging to the testator in his own right. the trustee, by his will, having appointed residuary legatees, must be considered as devising the trust as well as the lands to these residuary legatees, who thus became themselves trustees for the original cestui que trust. the power in the executors to sell was a power coupled with a trust. it might also be considered as a power coupled with an interest. the distinction between these powers adverted to. in order to avoid an escheat and carry out the wishes of the testator, a court of equity will, if necessary, consider .....
Tag this Judgment!Court : US Supreme Court
..... this court and in which its jurisdiction was involved or came under its observation, it will be found that the inquiry has been not into the jurisdiction of the court of admiralty in england, but into the nature and subject matter of the contract -- whether it was a maritime contract and the service a maritime service, to be performed upon the sea or upon waters within ..... the navigation laws was not a civil suit of admiralty jurisdiction; that the principles regulating the admiralty jurisdiction in this country must be such as were consistent with the common law of england at the period of the revolution; that there admiralty causes must be causes arising wholly upon the sea, and not within the precincts of any county; that the act of exporting ..... country for a violation of the revenue and navigation acts were tried by a jury in the court of exchequer according to the course of the common law -- that the high court of admiralty in england exercised no jurisdiction in revenue cases -- and insisted, that if the ninth section of the judiciary act was to be construed as including revenue cases and seizures under the navigation acts as civil causes ..... , and also to the adjudications of this and of the circuit and district courts in admiralty cases, which not only reject the very limited jurisdiction in england but assert and uphold a jurisdiction much more comprehensive both in respect to contracts and torts, and which has been exercised ever since the establishment of these courts. .....
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..... 9, under which it has always been held by the courts in england that the action at common law was not thereby taken away; but that an additional remedy was given, by which the holder could recover interest and damages on an inland bill in cases where he was not .....
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..... , in the exercise of eminent domain, to extinguish immediately a franchise it had granted appears never to have been directly brought here for adjudication, and consequently has not been heretofore formally propounded from this court; but in england this power to the fullest extent was recognized in the case of governor and company of the cast plate manufacturers v. ..... nor shall i stop to discuss whether it is on this principle of the eminent domain alone that private property has always been taken for highways in england on making compensation, so as to be a precedent for us. ..... and thus, notwithstanding the theoretical omnipotence of parliament, private rights and contracts have been in these particulars, about compensation and necessity for public use, as much respected in england as here. ..... in england anciently, when titles of land became granted with immunities from numerous ancient services, it was still considered that such lands were subject by implication, under a certain trinoda necessitas, to the expenses of repair of bridges as well as ..... it must be confessed that some surprise has been felt to find this doctrine so widely sustained and in so many of the states, and yet no exact precedent existing in england. ..... in england, though page 47 u. s. .....
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..... 299 that this is the doctrine in england we see in the cases of nisbet v. ..... this is the doctrine of this court, of the state courts, and of england. .....
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..... her legislature until she formed a new constitution, it seems clear that her legislature had no right, on the 25th of june, 1842, to put the whole state under martial law by any act of parliament in force in england in 1663 or in 1776, because none such was then in force there, nor by any clause whatever in her charter, as will soon be shown, nor by any usages in her history, nor by any principles ..... these, in every country which makes any claim to political or civil liberty, "martial law," as here attempted and as once practised in england against her own people, has been expressly forbidden there for near two centuries, as well as by the principles of every other free ..... retain that charter with this restriction after the revolution, and made no new constitution with other limitations till 1842 or 1843, yet probably "the laws of england" forbidden to be violated by her legislature must be considered such as existed when the charter was granted in 1663, and as continued down to ..... not a little extraordinary if the spirit of our institutions, both state and national, was not much stronger than in england against the unlimited exercise of martial law over a whole people, whether attempted by any chief magistrate or even ..... . it appears also that nobody has dared to exercise it in war or peace on the community at large in england for the last century and a half, unless specially enacted by parliament in some great exigency and under various restrictions, and then under the theory not that it is .....
Tag this Judgment!Court : US Supreme Court
..... the constitutional clause, "all cases of admiralty and maritime jurisdiction," is as well and as definitely expressed, for the purpose meant, as it can be, and that it leaves nothing doubtful, except as to some cases of which the admiralty court in england took jurisdiction, which had been there exclusively within the cognizance of the courts of common law, and also of other cases in the continental maritime courts, which did not relate to "things done upon the ..... and if we will but rid ourselves of those doubts in respect to what are cases for a maritime court caused by the limitation of them in england, i do not think we shall ever be at a loss to determine what cases are within the admiralty jurisdiction of the courts of the united states, and i believe the whole of them will be found to make no trespass upon, or interference with, ..... now it having been repeatedly ruled by this court, that its admiralty jurisdiction was not limited by what was the jurisdiction in england when the constitution was adopted, the principal difficulty in the way of interpreting the words of the constitution relating to it has been overcome. ..... of the court's monition and attachment, it will be found, by a perusal of abbott and kent upon general average and the cases cited by those writers, that neither of them is discussing at all the jurisdiction of a court of admiralty, even in england, but that each only states -- and one from the other -- what are the remedies .....
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