Court : US Supreme Court
..... the plaintiff could be in no better case than c. himself. the cases cited for the defendant were 2 vers. 428. 2 thomas jones 222. 2 peere williams 326. bro. act. for case 113.271. finch 299.236.10 mod. 432. yelv. 164. 2 leon 30. 10 mod. 144. 2 co. 26. 1 stra. 165. * [ stevenson v. pemberton 1 u.s .....
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..... aggrieved by the roads running through his improved ground. on argument, the court reversed the judgment for that reason, alledging that a review, though not taken notice of in the act of assembly, had always been granted, and was now become a matter of right. this cause came before the court for a determination on a special verdict which found, that .....
Tag this Judgment!Court : US Supreme Court
..... jury might take notice of, if they pleased, by lessening the damages. the court were unanimous and clear in their opinion, that the act of 32 h. 8 did extend to this province, and gave it in charge to the jury accordingly. * the verdict of the ..... (1767) for the plaintiffs it was answered, that in 2 peere williams 75, and many other cases, it was settled that all acts of parliament made before the settlement of the colony extend, unless local in their nature; that under this rule the statute of wills, ..... that though the statute of 32 h. 8 should be extended, yet this case was not within it; because, 1st the act was made on a presumption that there might have been regular conveyances and lost, but here it appears there was no conveyance at ..... been the opinion of the legislature of this province, that these statutes of limitations did not extend, by their having made an act to limit personal actions in the very words of the statute of james.* it was likewise contended on the part of the defendant .....
Tag this Judgment!Court : US Supreme Court
..... all the acts of assembly should be suspended; yet, in the close of the same section, obedience to those acts, to the common law, and to so much of the statute law of england, as have heretofore been in force in pennsylvania, ..... of george the third, ceased any longer to derive their virtue and validity from that source. but there is great inaccuracy in penning the act; for, though it would seem, by the former part of the second section, to be the sense of the legislature, that from the 11th of may 1776, to the 10th of february, 1777, the operation of ..... is, with some exceptions in point of style and form, expressly enjoined. we may, however, fairly infer from the general tenor of the act, that those who framed it, .....
Tag this Judgment!Court : US Supreme Court
..... particular we would refer council to 4 burr.2527 and to 2577, where almost all the authorities are collected together and fully considered. sixth. in the act for the advancement of justice, &c.; sec. 17. the legislature have declared, 'that the party indicted of a capital offence, not yielding his body to the sheriff at the return of the ..... be awarded against him, but no sentence pronounced, because the outlawry is a judgment, and no man shall have two judgments for one offence.' 2 hawk.chap.48. sec. 23.so.447, and the cases there cited. but in the present case, the judgment was pronounced before by this same supreme court, that aaron doan is outlawed ..... ninth of the declaration of rights section the twenty-fifth of the frame of government, & c. fifth. what authorities and precedents are considered as most applicable to the present case? sixth. if this outlawry is principally founded on the act for the advancement of justice, do not these words, 'attainted of the crime whereof he is so .....
Tag this Judgment!Court : US Supreme Court
..... judgment: it is regularly true, that, according to 3 bac. abr. 611. one merchant may bind his partner, by accepting a bill drawn on both. if, then, in substance, the act of one obliges the other, what difference arises from the circumstance of the delivery not being formally executed? that question was agitated in the case of mckim vs. mcfarlan: there ..... of the court to the following effect. shippen, president. page 1 u.s. 119, 122 there can be no doubt that in the course of trade, the act of one partner, is the act of both. there is a virtual authority to that purpose, mutually given by entering into partnership; and in every thing that relates to their usual dealings, each must .....
Tag this Judgment!Court : US Supreme Court
..... persons of the bankrupts from being arrested. the articles of confederation, which direct that full faith and credit shall be given in one state to the records, acts, and judicial proceedings, of the others, will not admit of the construction contended for, otherwise executions might issue in one state upon page 1 u.s. 188 ..... 4th article of the confederation, effectually supplies that defect. the article declares, that 'full faith and credit shall be given in each of these states to the records, acts, and judicial proceedings, of the courts and magistrates of every other state.' now, if a judgment, or other judicial proceeding in new jersey had not been evidence ..... , and cannot be affected by any arguments drawn from the laws of the country where a subsequent action is brought, certainly a judicial decision (which, like an act once in force, but afterwards repealed, vests a right in the party, though its immediate operation is impeded) cannot be otherwise expounded and enforced than by the .....
Tag this Judgment!Court : US Supreme Court
..... staple &c.; to be acknowledged, are judicial acts. most clearly, however, the appearance in this case is error. the authorities cited by the council for the defendant in error, to show, that after his full age, the party ..... statute, enables all persons of full age to sue and defend suits by attorney. but the appearance of an infant to a suit brought against him, is not a judicial act. the appointment of a guardian to defend the suit; and the taking his examination when a fine is to be levied, a recovery to be suffered, or a statute ..... put to him, that by the rejoinder in error, the infancy, which was assigned for error, was acknowledged; but he relied upon the impossibility of obtaining relief for a judicial act done diens atatem, by a writ of error post plenam atatem. the chief justice delivered the opinion of the court, in substance as follows: m'kean, chief justice. at the .....
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..... of an original condemnation of the brig and her cargo as lawful prize in the maritime court of new hampshire, on the 16th day of december 1777, agreeably to an act of assembly of that state; and also a similar condemnation in the superior court of judicature of that state, on an appeal from that maritime court, with an order for ..... , improper for us to decide upon. on the second point, it is proper to declare, that we think ourselves indispensably bound to give full faith and credit to the legal acts of our sister states; and that the judgements given in their page 1 u.s. 218, 220 courts will have their full effect here. but it is not every discontinuance .....
Tag this Judgment!Court : US Supreme Court
..... bac. abr. 175. and the reason assigned is particularly applicable to the present case, because it is for the public safety. 20 vin. abr. (trespass) b. a. sec. 4. fo. 476. thus, also, every man may, of common right, justify the going of his servants, or horses, upon the banks of navigable rivers, for towing ..... barnhill would have been liable as trespassers, had not the legislature interfered to protect persons in their situation from vexatious prosecutions: 3 state laws. 178. and this act, although it relates immediately to individuals, shows, generally, that the temporary bodies, by whose orders such individuals were governed, are, likewise, to be exempted from suits ..... source, and demand reparation from congress. the commonwealth of pennsylvania cannot be liable; for, the persons who took and kept the provisions, &c.; at chesnut hill, acted under the authority of the board of war, who, it is true, were appointed by the executive council; but, in this instance, proceeded entirely upon the .....
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