Court : US Supreme Court
..... the person who acts under such a misrepresentation acts under his confidence in the good faith of the wife herself. ..... but in this case the plaintiff acted solely on his confidence in the husband. ..... that act cannot be criminal in a wife, because it was not communicated, which, if communicated, would be innocent. ..... , that, being executed on the same day with his will, it was to be considered as a testamentary act. .....
Tag this Judgment!Court : US Supreme Court
..... the cases of which he had cognizance are particularly enumerated in the 52d section, before recited, and it appears by the record given in evidence that the demand sworn to by sappington was for $20.25, as appeared by the books of his intestate. ..... by the 19th, 20th, and 21st sections of the act of 1794, a justice of the peace is empowered to issue an attachment against the estate of a debtor who has removed or is removing himself privately out of the county or who so absconds and conceals himself that the ordinary process of law ..... by the 56th section of this act, the magistrate is authorized, in cases whereby the said act he has jurisdiction, to issue an attachment against the estate of an absconding or absent debtor, and the proceedings thereon before him are to be in a summary way, as on a warrant. ..... it does not seem to us that the case is one which was provided for by that act, since it does not appear that any execution was issued by the magistrate upon his own judgment, or if any did issue, that it was levied on the real estate of the debtor, and returned to the county ..... by the 52d section of the above act, jurisdiction is given to any justice of the peace in cases of debts and demands amounting to twenty dollars and under where the balance is due on any specialty, note, or agreement for money or specific articles or for goods, wares ..... the court does not understand that this section extends to persons who are citizens and residents without the limits of tennessee. .....
Tag this Judgment!Court : US Supreme Court
..... for the condemnation is not to them, but to the united states; they are no parties to the judgment, and their rights must depend upon and be governed and controlled by the acts of congress which create and regulate such rights, and by these acts, those rights, in the opinion of the court, do not become fixed and absolute by the condemnation, but are subject to the power of remission by the secretary of the treasury until ..... 293 fine, penalty, or forfeiture to which he may be entitled when a prosecution has been commenced or information has been given before the passing of this act or any other act relative to the mitigation or remission of such fines, penalties, or forfeitures, thereby clearly showing, that before such power to remit was given, the right of the custom house officers attached upon the commencement of ..... the latter is set out in haec verba in the plea, and upon its face refers to the law under which it was issued, which was a public act, and in which warrant the secretary of the treasury sets forth that a statement of facts, with the petition of andrew ogden touching the forfeiture, had been transmitted to him by the district judge of the ..... such is the sense in which the term prosecution is used in these laws is evident from the 89th section of the collection act, where the collector is required to cause suits to be commenced and prosecuted to effect. ..... , and it had been made at an earlier day, the plea could have been amended and much expense and litigation prevented. .....
Tag this Judgment!Court : US Supreme Court
..... , from whom they purchased, and to maintain, that although that title was only derived to him by implication under the limitation acts of virginia, it was sufficient not only to make out a defense by pleading, but by giving such facts in evidence as would be a good defense on a plea of the statute of limitations, if the suit were instituted in the state of virginia, or to maintain detinue in a ..... the defendants below plead non detinet and the act of limitations of the state of tennessee, which bars the action of detinue in three ..... we do not mean to intimate an opinion on the construction of the acts of 1757 and 1758 on this subject; but only to treat it as a decided point upon the construction of those statutes, that a parol gift of slaves made in virginia, even where the possession passed, between the years ..... the declaratory act of december 31, 1787, we regard as a new enactment, taking effect from its date, as a repeal of the prior acts in those page 24 u. ..... is obvious that without a more particular report of that adjudication, this court could not now act finally upon its authority. ..... of the interest vested in them, other than the will of 1788, with a variety of corroborating facts, was sufficient to sustain an inference of a gift or transfer by parol, and of such an adverse possession as might constitute a bar under the act of limitations of virginia of 1705. ..... carolina, in common with most of the old states, adopted the language of the statute of james in its act of limitations. .....
Tag this Judgment!Court : US Supreme Court
..... they find that the grant to duncan rose given in evidence includes the land held thereunder by the defendants, then the grant of the commonwealth of kentucky in the act given in evidence by the plaintiff is the junior and inferior claim of title, and the jury ought to find for the defendants. ..... the object of the next four prayers for instruction in behalf of the defendant, is, to maintain the proposition, that the act of kentucky of 1799, which confirmed the interest of the purchasers under the letter of attorney of the son of brantz, was in derogation of the rights of duncan rose, the ..... of an alien thus acquired by patent in 1784 under the laws of virginia and subsequently confirmed to him by a legislative act of kentucky in 1796, and to his heirs and their grantees by an act of the same state in 1799 will overreach a grant made by virginia to a citizen in 1785 and defeat the claim of all persons holding under such grant these legislative acts were valid under the compact of 1789 between the states of virginia and kentucky. ..... of naturalization of the said brantz in the state of maryland on 8 november, 1784, and an act of the legislature of kentucky passed in 1796, entitled, "an act for the relief of robertus samuel brantz," which recited that he was an alien when the patent issued, confirmed his estate as fully as if he had been a citizen at the time of the grant, with a proviso that nothing in the act should affect the right or title of any other person or persons, but only "the .....
Tag this Judgment!Court : US Supreme Court
..... it is not, therefore, admitted that any express authority is given by either statute that such a court martial as is contemplated for the trial of delinquents under the 5th section of the act of 1795 is to be composed of the same number of officers, organized in the same manner as these rules and articles contemplate for persons in actual service. ..... although a militia man who refused to obey the orders of the president calling him into the public service under the act of 1795 is not, in the sense of that act, "employed in the service of the united states" so as to be subject to the rules and articles of war, yet he is liable to be tried for the offense under the fifth section of the same act by a court martial called under the authority of the united states. ..... it was decided in that case that although a militiaman who refused to obey the orders of the president calling him into the public service was not, in the sense of the act of 1795, "employed in the service of the united states" so as to be subject to the rules and articles of war, yet that he was liable to be tried for the offense under the 5th section of the same act by a court martial called under the authority of the united states. ..... and courts martial are, under the 5th section of the act, entitled to take cognizance of, and to punish delinquencies in such cases, as well as in cases where the object is to repel invasion in times of war. .....
Tag this Judgment!Court : US Supreme Court
..... ordinance was passed on 17 november, 1818, for the purpose of carrying into effect the 4th, 5th, 6th, and 7th of the aforesaid resolutions, by which ( inter alia ) the mayor was authorized to appoint seven citizens to act as managers for the purpose aforesaid, whose duty was declared to be to agree on a scheme of a lottery to raise the sum of $40,000 (clear of expenses), and to sell the said lottery or dispose of the tickets therein ..... the district of columbia having been ceded for that purpose, congress passed an act creating a municipal corporation for the city of washington, and by the act of 4 may, 1812, for amending the charter, gave the corporation "full power and authority to authorize the drawing of lotteries for effecting any important improvement in the city, which the ordinary funds or revenue thereof will not ..... the 7th section of the act of 1821, which provides the fund for their compensation, expressly excepts "the class ..... its 2d section allows each of the managers of the city lotteries $3 for each day he has been or shall be employed, and the 7th section enacts that this compensation, "except for the class now contracted for," shall be provided for and paid out of the proceeds of ..... the 2d section of the ordinance allowed each of the managers of the city lotteries $3 each day he had been or should be employed, and the 7th section enacts that this compensation, "except for the class now contracted for," should be provided for and paid out of the proceeds of lotteries .....
Tag this Judgment!Court : US Supreme Court
..... maintain that the second certificate, or amendment as it is called, could rightfully be regarded as the clerk's own act, independent of the order of the county court, it appearing that he refused to do the act until the order was made. ..... elliott, his wife, appeared before me, the clerk of the court of the county aforesaid, and acknowledged the within indenture to be their act and deed, and the said sarah, being first examined privily and apart from her husband, did declare that she freely and willingly sealed the said ..... " the 1st section of this act authorizes clerks of the county courts, general court, and court of appeals to take, in their offices, the acknowledgment or proof of the execution of deeds and to record them upon acknowledgments or proofs so taken by ..... 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 they cannot conveniently attend authorizes a commission to issue to two justices to 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 ..... " the 8th section enacts and declares "that the law herein shall always be held according to the said judgments, and shall never ..... to enable femes coverts to convey their estates by deed, upon acknowledgment and privy examination, according to prescribed forms, in the 7th section, u.s. .....
Tag this Judgment!Court : US Supreme Court
..... arises from the statement of witnesses that they were so chosen by a meeting of lutherans and that their appointment has always been acquiesced in by the lutherans, and they have assumed to act for them without any question of their authority; that they are themselves lutherans living in georgetown, and forming a part of the voluntary society is not disputed. ..... if the complainants in the circuit court were proved to be the regularly appointed committee of a voluntary society of lutherans in actual possession of the premises, and acting by their direction to prevent a disturbance of that possession, under the circumstances of this case, there does not appear to be a serious objection to their right to maintain a suit for a perpetual injunction against ..... incorporation has been subsequently amended by congress by various acts passed upon the subject ..... "for the lutheran church," and by the german lutherans of the place, had been used as a place of burial from the dedication, and who had erected a schoolhouse on it, but no church exercising acts of protection and ownership over it at some periods by committees appointed by the german lutherans, the original owner acquiescing in the same. ..... if they were proved to be the regularly appointed committee of a voluntary society of lutherans, in actual possession of the premises and acting by their direction to prevent a disturbance of that possession under circumstances like those stated in the bill, we do not perceive any serious objection .....
Tag this Judgment!Court : US Supreme Court
..... of virginia establishing the county of harrison and a copy of the certificate of the survey on which the plaintiffs' said grant issued, dated december 13, 1824, after the act for erecting the county of harrison was in operation, and proved that the land purporting to be granted and the land claimed as having been surveyed lay in the bounds of the county ..... without an entry, begins with the survey, and it would be unreasonable to deprive him of that title by the subsequent neglect of an officer not appointed by himself in not performing an act which the law does not pronounce necessary to his title, the performance of which he has not the means of coercing. ..... his duty if he fails to record the plat and certificate of survey, and is punishable for this neglect, but the act furnishes no foundation for the opinion that the validity of the survey or of the patent is in any degree affected ..... the survey was not recorded within the time prescribed by the act of 1748, which contains a similar provision to that which is found in the present land law, the court said "this section is merely directory to the surveyor. ..... it was not till the year 1788 that the legislature passed an act on this subject, which directs that when any county shall be thereafter ..... to be placed precisely on the same footing with grants which are the completion of a contract of sale, every preliminary step in which is taken by officers appointed for the purpose by government, who act without the control of the purchaser. .....
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