Court : US Supreme Court
Decided on : Jan-01-1828
..... , and shall never hereafter be questioned," &c.; this law was adopted by kentucky at her separation from virginia, and is understood never to have been repealed. the 4th section of the kentucky statute of 1796, see 1 litt.laws 569, provides for the privy examination and acknowledgment of femes covert in open court, and where ..... take and certify the acknowledgment and privy examination, and declares that "in either case, the said writing acknowledged by the husband, and proved by witnesses to be his act, and recorded, together with such privy examination and acknowledgment, &c.;, shall not only be sufficient to convey or release any right of dower, &c.;, but be ..... a right to move the court to exclude any part of the plaintiff's evidence which be might choose to designate as incompetent, and it did not appear from the bill of exceptions that he designated any particular piece or part of the evidence as objectionable and moved the court to exclude the whole or to ..... defendants' counsel had a right to move the court below to exclude any part of the plaintiff's evidence which he might choose to designate as incompetent, but it is not admitted that he exercised that right. it does not appear from the bill of exceptions that he ..... designated any particular piece or part of the evidence as objectionable and moved the court to exclude it. but on the contrary, resting his case .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1828
..... out of the simplicity of ancient times, and not always consistent with the fact, is paramount to the legislative power. it would in fact be to repeal the statute. it would unquestionably be to defeat the object of the legislature, since it would be no very hardy assertion to say that if the ..... sole duty of the court is to construe this statute according to its words and the intent of the legislature. did congress design to discharge the sureties or to release the judgment? the act is "for the relief of persons imprisoned for debts due to the united states," not for the relief of their sureties, ..... by the law has been pursued. the whole property of the imprisoned debtor has been surrendered, and on receiving it, his person has been discharged. the act of congress declares that the judgment shall still remain in force. if the creditor had entered into a compromise not prescribed by law, or had given any ..... for which it was rendered -- to enable the united states to proceed regularly upon it, as upon other judgments, with the single exception made by the act itself. the voluntary discharge of a debtor by his creditor is a release of the judgment, because such is the law. but in this case, the ..... and imprisoned by virtue of a capias ad satisfaciendum issued upon said judgment, and discharged from prison by order of the secretary of the treasury under the act of congress passed on 6 june, 1798, on condition that he should pay the costs and assign and convey to the use of the united states .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1828
..... distance of time; it is easy to perceive, that the wholesome objects of the statute must be in a great measure defective, and the statute virtually repealed. the english decisions upon this subject, have gone great lengths -- greater, indeed, in our judgment, than any sound interpretation of the statute will warrant, ..... as would have made it what it was intended, emphatically, to be -- a statute of repose. it is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state ..... an admitted and subsisting debt -- we mean admitted by the whole partnership or unbarred by the statute -- but whether he can, by his sole act, after the action is barred by lapse of time, revive it against all the partners without any new authority communicated to him for this purpose. ..... strictly, and therefore it is necessary to establish that all the requisites of the law have been complied with before such testimony is admissible. the act of congress provides "that every person deposing as aforesaid shall be carefully examined and cautioned and sworn or affirmed to testify the whole truth, and ..... or otherwise that the deposition was reduced to writing, in the presence of the magistrate. this is a point altogether dependant upon the construction of the act of congress of 4 september, 1789, ch. 20, under the authority of which the deposition purports to be taken. the authority to take testimony .....
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