Court : US Supreme Court
..... with a belief on her part that the proper alterations would be made in it, he would have felt the injustice of charging her with participating in a fraud. that act cannot be criminal in a wife, because it was not communicated, which, if communicated, would be innocent. admitting the representations of this letter to be untrue, they cannot ..... he may complain that she has herself deceived him. but in this case the plaintiff acted solely on his confidence in the husband. if he was deceived, the wife was not accessory to the deception. she contributed nothing towards it. when she saw and ..... the case is very different from one in which the wife herself makes a misrepresentation or hears and countenances the misrepresentation of her husband. the person who acts under such a misrepresentation acts under his confidence in the good faith of the wife herself. he has a right to consider that faith as pledged, and if he is deceived, .....
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..... laws of tennessee to issue an attachment against the estate of a nonresident debtor, returnable before himself and determinable by him. 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 ..... that point, the court is of opinion, that the justice had not jurisdiction of the subject matter upon which his judgment was rendered. 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 ..... is to be there adjudicated. this attachment may be levied on the lands, goods, and chattels of the debtor. 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 .....
Tag this Judgment!Court : US Supreme Court
..... certainly presents a dilemma from which i think it impossible for the party plaintiff to escape. the right to issue such process originates in the 6th section of the "act more effectually to provide for the settlement of accounts between the united states and receivers of public money," by the words of which the power is explicitly ..... they still meant to be reasonable and just, and not to exercise an ex post facto power in such case, is all conclusively proved in the third section of this act, as has been very justly insisted on in argument. during two years, this power of the secretary had remained suspended, and with regard to rights accruing ..... commenced and prosecuted to effect. but the prosecution would be to very little effect unless it extended to and included the execution. the provision in the third section of the act, under which the remission is allowed, affords a very strong inference that the rights of the custom house officers are conditional and subordinate to the authority to .....
Tag this Judgment!Court : US Supreme Court
..... courts of tennessee within the last year, for the first time. it is obvious that without a more particular report of that adjudication, this court could not now act finally upon its authority. but if the majority of the court were of opinion, that an insulated decision on a point thus circumstanced, ought to control the previous ..... embarrassments which necessarily grow out of our peculiar system. north carolina, in common with most of the old states, adopted the language of the statute of james in its act of limitations. this was the law of tennessee before its separation from that state, and continues so to this day. the persons excepted from its operation, are infants ..... here were defendants in the court below in an action of detinue brought by thomas guy to recover sundry slaves. the defendants below plead non detinet and the act of limitations of the state of tennessee, which bars the action of detinue in three years. the plaintiff joins issue upon the plea of non detinet and files .....
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..... , unaware of his disability, executed a letter of attorney, under which the land was sold, and the purchasers, the governeurs, subsequently discovering this defect, obtained another act from that state affirming their estate. and this makes out the plaintiffs' title. the defendant's title is regularly deduced through the patent to duncan rose. the record ..... the commonwealth, and if the grant to duncan page 24 u. s. 335 rose, from the commonwealth of virginia, includes the land in controversy, then the act of kentucky granting the land to n. and i. governeur cannot, under the articles of the compact between virginia and kentucky, overreach the grant to duncan rose ..... have in the said lands." the said robertus s. brantz died in 1797, leaving a son, johannes brantz, an alien, incapable of inheriting the lands. an act of the legislature of kentucky passed december 9, 1799, reciting that robertus s. brandtz had departed this life indebted to isaac and nicholas governeur; that johannes brantz, .....
Tag this Judgment!Court : US Supreme Court
..... to call forth the militia to suppress insurrections, and to enforce the laws of the united states, in times of peace. 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. ..... 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. ..... of impeachments and the correction of errors of the state of new york, being the highest court of that state, and is brought here in virtue of the 25th section of the judiciary act of 1789, ch. 20. the original action was a replevin for certain goods and chattels, to which the original defendant put in an avowry, and to that .....
Tag this Judgment!Court : US Supreme Court
..... the language of this ordinance appears to extend to them all, and if it does, certainly admits the authority of the managers appointed under the act of 1815, to extend to all. the 7th section of the act of 1821, which provides the fund for their compensation, expressly excepts "the class now contracted for." the contract for the 5th class was executed ..... majority of the said managers, and to sign all the lottery tickets in every scheme or schemes sold by them. this ordinance recognizes the duties prescribed by the acts of 1815 and 1819. 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 lotteries hereafter contracted for. this act is understood to recognize it as a part of the duty of the managers to continue .....
Tag this Judgment!Court : US Supreme Court
..... sufficient to convey or release any right of dower, &c.;, but be as effectual for every other purpose as if she were an unmarried woman." 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 ..... 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 they cannot ..... , ch. 1st, after making provisions 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. has these words: "whereas it has always been adjudged that where any deed has been acknowledged by a feme covert and no record made of her .....
Tag this Judgment!Court : US Supreme Court
..... maintain the present suit. 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 to their ..... organized themselves into a congregation or church and erected a church or house of worship on the said lot." that the complainants and the congregation for whom they act have called upon c. a. beatty and required a conveyance according to the promise and declared intent of the said charles beatty, deceased; that upon organizing ..... 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 .....
Tag this Judgment!Court : US Supreme Court
..... procured the plat on which the patent was obtained to be returned to the office, knowing that an actual survey had not been made." in this case, the objectionable act was a fraud knowingly committed by the patentee himself. even this case has been questioned, though not, as far as is known, expressly overruled. in witherington v. ..... 000 acres, the premises in question, bounded as follows, to-wit: (describing it by metes and bounds). the defendants thereupon offered in evidence a certified copy of an act of assembly 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, ..... patent. in answer to the objection that 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 does not make the validity of the survey page 28 u .....
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