Court : US Supreme Court
..... 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. .....
Tag this Judgment!Court : US Supreme Court
..... 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 all from the wife by tucker's granting for himself and his wife. ..... the rights of femes covert are not saved in this act (except such femes covert as were in being at the time of making the act) and possession was out of tucker's wife from the time of her husband's deed to chambers. ..... likewise extended, being both made before the settlement of the province, but it appears to have 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. ..... that as to this case not being within the act, the presumption spoken of was not justified by the act itself, which extended to every case 2nd. ..... 15 (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, statute of uses, and many other statutes, were always held to extend; and that the reason of this act extended as well as any other. ..... the court were unanimous and clear in their opinion, that the act of 32 h. ..... the act of 32 h. 8. .....
Tag this Judgment!Court : US Supreme Court
..... ,contradicts the idea, suggested by the advocates for the prisoner, that allegiance was not due till the meeting of the executive council on the 4th of march ensuing; and, although he cannot be convicted upon that act, yet allegiance being due from the 28th of november, 1776, when, as i have already observed the legislature was convened, and the members of council were appointed, treason, which is nothing more than a criminal ..... 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 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, is, with some exceptions in ..... but to this, it is answered, that until laws were passed by a competent legislative power, no government could be said to exist; and, as the act of the 28th of january 1779, for the revival of the laws, virtually declares that they were suspended from the 14th may, 1776, till the 11th february, 1777, it is inferred, that during that period, ..... that the prisoner's departure from this state, on the 26th december, 1776, was near a month antecedent to any legislative act; and near three months before all the branches of the government were organized and put into actual operation. .....
Tag this Judgment!Court : US Supreme Court
..... 88 corpus is, it having been pronounced before: and in the cases of stafford, bartstead, okey, and corbet, who were attainted by act of parliament, ( cases nearly resembling this) the chief justice pronounced the usual judgment as in cases of high treason. ..... is not set forth that the capias was 'delivered to the sheriff three months before the return thereof,' as the same act requires: nor does the sheriff even return, that he made the proclamations by virtue of the said capias. ..... the proceedings in this case are founded on the act of assembly, intitled, 'an act for the advancement of justice, and more certain administration ..... see section the ninth of the declaration of rights section the twenty-fifth of the frame of government, & ..... is not the form of the proclamation prescribed by the act aforesaid, and ought it not to have been strictly pursued; and does not the first line of that form require the proclamation to begin with a setting forth of the ..... we conceive, that, where a person is attainted by an act of parliament or assembly, and is brought before the court, and execution awarded, the practice most generally has been to do so, by pronouncing the express sentence; and the reason given for it, is, because no judicial sentence ..... 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 indicted or appealed as aforesaid, and from that time shall forfeit and lose all his lands and tenements, goods and .....
Tag this Judgment!Court : US Supreme Court
..... if, then, in substance, the act of one obliges the other, what difference arises from the circumstance of the delivery not being formally executed? ..... 119, 122 there can be no doubt that in the course of trade, the act of one partner, is the act of both. .....
Tag this Judgment!Court : US Supreme Court
..... which it is perfected, 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 laws of the country where it is pronounced: and proceedings under the ..... resided in it one year free from arrest; that a man indebted to any amount was entitled to the benefit of it; that a person not in execution was not excluded; that the act requires notice to be inserted in the public papers of new york if the debtor lives in east jersey, or in those of pennsylvania if he lives in west jersey; and that every debtor, who ..... complied with the terms of the act, became thereby expressly discharged from all debts due at the time of the assignment of his effects for the use of his creditors, or contracted for before that time and payable after, ..... might have been the effect of an order or judgment of the court of new jersey, if it had actually discharged the defendant from the plaintiff's demand, the present order, as well as the act of assembly on which it is founded, is local in its terms, and goes no further than to discharge him from his imprisonment in the gaol of essex county in the state of new jersey .....
Tag this Judgment!Court : US Supreme Court
..... true; but the giving judgment upon nil dicit is a judicial act; and when he says nothing, there is the greater reason for the inspection of his age, in order to protect him, who evidently knows not how to protect himself. ..... lewis admitted, however, upon a question being 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. ..... not by the verdict of a jury, for this is a judicial act; nor by the inspection of the party for he has now attained his full age; it can only be done by the record. ..... nil dicit is not a judicial act; but cognovit actionem would have been so. ..... ; to be acknowledged, are judicial acts. ..... but the appearance of an infant to a suit brought against him, is not a judicial act. .....
Tag this Judgment!Court : US Supreme Court
..... not sufficient grounds to hold the defendants to bail, have produced evidence 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 sale and distribution of the property among the captors, and ..... 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. .....
Tag this Judgment!Court : US Supreme Court
..... and that every right must have a remedy, is a principle of general law, which the legislature of pennsylvania has expressly recognized; directing, by an early act of assembly, the settlement of the accounts of the committee and council of safety; and prescribing in what manner the claims of individuals should be settled and ..... 357, 360 the attorney general, for the commonwealth, stated the case to be briefly this; that the pennsylvania board of war, acting under the recommendations of congress, removed, among other things, a quantity of flour belonging to the appellant, in order to prevent its falling into the hands of the enemy: declaring, however, that ..... the individuals, who were charged with the care of it, are protected by the act of assembly; but the state, upon every principle of justice, is still liable for the loss; and the authority of the comptroller general was intended and has always been understood, ..... contract, either express or implied, that the comptroller general is authorized to act, there is no jurisdiction which can relieve him, but that of the ..... to the second point; the pennsylvania board of war acted under the authority of the executive council; and the ..... as he shall settle in pursuance of the preceding act, by which he was appointed; 3 state laws ..... for, the act of assembly, providing for the settlement of claims against the public by order of the executive council, though not in express words, yet, by a necessary implication, must intend a legitimate order, .....
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