Court : US Supreme Court
..... cases." 4 co.inst. 135. and finally, in 1640, to close the door upon all such attempts of the king and his privy council, the fifth section of the act "for the regulating of the privy council, and for taking away the court commonly called the star chamber," which i have already quoted, was adopted. the great ..... was in england peculiarly cognizable in the court of exchequer, and under the authority and process of the common law. the conclusion, then, from the eleventh section of the judiciary act, is inevitably this: that the power thereby vested with respect to seizures, is not an admiralty power -- was never conferred by the investment of admiralty power ..... was an exception, an anomaly, and in its nature and operation was unique and solitary. of the same character precisely is the provision of the eleventh section of the judiciary act of 1789, which invests the district courts with jurisdiction in cases of seizure under the laws of imposts of the united states. this provision confers in the .....
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..... if so, as she is not a citizen and resident of a different state, but a resident of texas, the suit cannot be maintained within the 11th section of the judiciary act. we think the objection not well founded. the plaintiff was born under the dominion of the mexican republic, and has lived under it ever since her birth ..... be reinvested or reinstated by this constitution; but the same shall remain precisely in the situation which they were before the adoption of this constitution." and by the 4th section of the 13th article, it is provided "that all fines, penalties, forfeitures, and escheats, which have accrued to the republic of texas under the constitution and laws ..... lands are situate, have taken some step to abrogate it. the title remains after the revolution, and erection of the new government, the same as before. the 10th section of the constitution of the republic of texas, adopted the 17th march, 1836, provided that "no alien shall hold land in texas, except by title emanating directly .....
Tag this Judgment!Court : US Supreme Court
..... and insofar as it required the service to be performed by collectors only, that it was inexpedient. but to amount to a compliance with the second section of the act of 1842, it should have superadded to the repeal of the proviso an explicit declaration that the appropriation was intended as extra compensation to those officers, ..... of extra compensation, the inquiry would still remain, to what extent may they receive such extra compensation? and this seems to me to be answered by the act of may 7, 1822, sec. 18, 3 stat. 696, "that no collector, surveyor, or naval officer, shall ever receive more than four hundred dollars annually, exclusive of his compensation ..... court, or by the counsel for the united states, in order to support the judgment of the court below. the first law upon this subject is the act of may 7, 1822, section 18, which provides that "no collector, surveyor, or naval officer, shall ever receive more than $400 annually, exclusive of his compensation as collector, surveyor, .....
Tag this Judgment!Court : US Supreme Court
..... patches, until the field included about twelve acres, and which was annually cultivated by davis, whose residence was within a few hundred yards of the field, on the adjoining section of land. this field page 62 u. s. 500 was obviously an important part of his plantation. that portion of the twelve-acre field lying on the forty- ..... as the deed shows the date, and the certificate of probate says the grantor acknowledged it for the purposes therein contained, the probate is covered by the provisions of the act of 1846, ch. 78, nicholson's statute laws, 242. caldwell, keith & mastin, purchased from john davis in the year 1852, paid the purchase money, $6,000, ..... to a claimant of an adverse title, and whether the deed under which this person claimed was registered or not was of no importance to the claimant. the act of limitations of the state of tennessee protects persons in possession of land under the following circumstances 1. they must have had seven years' possession of land granted .....
Tag this Judgment!Court : US Supreme Court
..... received from rent and storage, to an amount not exceeding two thousand dollars. 1. it is insisted by the defendant that the maximum prescribed by the tenth section of the act of the 7th of may, 1822, is repealed, and that, under the law regulating his compensation, the legal capacity of the office he held was six ..... from commissions of every description, fees and emoluments, including rents and storage, and salaries, as allowed and limited by law. beyond question, it assumed that the tenth section of the act of the seventh of may, 1822, was repealed. prayers for instruction were then presented by the district attorney, who was counsel for the plaintiffs. he requested the ..... the credit for salary in the account of official emoluments, are the only two items which come in review at the present time. reference to the ninth section of the act of the seventh of may, 1822, will show that mobile is not one of the seven ports enumerated in that provision, and consequently that the maximum rate .....
Tag this Judgment!Court : US Supreme Court
..... has not been done cannot sue in indebitatus assumpsit to recover a compensation for what he has done, until the whole shall be completed. this principle is affirmed and acted upon in cutter v. powell, 6 term 320; also in hulle v. heightman, 2 east. 245, and in several other cases. but the exceptions from ..... so negligently and unfaithfully executed the work specified in the contract and specifications aforesaid, that, from insufficient drainage, bad workmanship, departure from the written specifications, or other acts or omissions of page 64 u. s. 223 the plaintiff, in so negligently and unfaithfully executing said work, the three stores and warehouse aforesaid were damaged and injured ..... from its nature can be performed, then the payment is obligatory and an action may be brought for it independently of the act to be done. concurrent promises are those where the acts to be performed are simultaneous, and either party may sue the other for a breach of the contract on showing either that .....
Tag this Judgment!Court : US Supreme Court
..... the city of san francisco, the complainant has become vested with it. the question in the case, therefore, is whether or not the power was conferred by this 3d section of the charter. it is a well settled rule of construction of grants by the legislature to corporations, whether public or private, that only such powers and rights can ..... him under the authority of law. the authority, as set forth in the bill, is derived from the charter of the town (now city) of oakland. the 3d section of the charter (passed may 4, 1852) provided that "the board of trustees shall have power to make such bylaws and ordinances as they may deem proper and necessary," ..... be exercised under them as are clearly comprehended within the words of the act or derived therefrom by necessary implication, regard being had to the objects of the grant. any ambiguity or doubt arising out of the terms used by the legislature must .....
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..... . the case before the district court in louisiana concerned the distribution of the succession of a citizen of that state and of property situated there. the act of the legislature under review does not make any discrimination between citizens of the state and aliens in the same circumstances. a citizen of louisiana domiciliated abroad ..... being citizens or subjects of the other contracting party, shall succeed to their said personal property and may take possession thereof, either by themselves or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where the said property lies shall be ..... being citizens or subjects of the other contracting party, shall succeed to their said personal property and may take possession thereof, either by themselves, or by others acting for them, and dispose of the same at their pleasure, paying such duties only as the inhabitants of the country where said property lies shall be liable to .....
Tag this Judgment!Court : US Supreme Court
..... must be determined on the assumption that it was authorized to exert the page 64 u. s. 399 power conferred in the fourth section of the act of march, 1851, and 24th section of the act of may, 1852. in deciding upon the validity of this contract, we deem it unimportant to settle whether dennison was a director ..... a called meeting of the stockholders, two-thirds of the stock represented shall have assented thereto. in 1852, another act was passed for the creation and regulation of incorporated companies in ohio, reenacting the above section and providing further, that any existing company might accept any of its provisions, and when so accepted, and a ..... represented at such meeting in person or by proxy and voting thereat shall have assented thereto." this section was reenacted in the following year, in a general act for "the creation and regulation of incorporated companies in ohio," which last act provides that "any existing company might accept any of its provisions, and when so accepted, .....
Tag this Judgment!Court : US Supreme Court
..... ; and what we mean to say is that the remedies demanded to be enforced by the bill have no corresponding remedy at law, and therefore fall within the 40th section of the act. as respects the other defendants to the bill, no relief can be had against them. by his purchase of the bankrupt's title, rogers took the equity of redemption ..... such title as the bankrupt had at the time of his bankruptcy, which was the date of the decree declaring him a bankrupt. to this effect is the 15th section of the act. this suit was brought in 1856, and the order declaring reed a bankrupt was made in 1842, so that rogers held the relation of mortgagor to the complainant more ..... been in possession for more than ten years prior to the filing of the bill, there was no corresponding remedy at law, and the case fell within the 40th section of the act. the decree of the circuit court dismissing the bill must therefore be affirmed. page 65 u. s. 285 mr. justice catron delivered the opinion of the court. the bill .....
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