Court : US Supreme Court
..... as one founded ex aequo et bono in general justice, we may well presume that a state deriving its jurisprudence from the roman law has not failed to act upon it. there is another ground, auxiliary to this last view which is entitled to great consideration. it is well settled as a doctrine of international jurisprudence ..... stocks had been seized thereon, and before the sale thereof by the marshal, black (who is a citizen of south carolina) applied for the benefit of the bankrupt act to the district court of south carolina district, and was afterwards declared a bankrupt, and an assignee appointed, and that, in the intermediate period, the marshal sold the ..... or assignee may force the bank to enter such transfer upon their books." "7. that if the jury believe from the evidence before them, and especially from the act of assignment and the depositions of witnesses taken in charleston, south carolina, on file and offered in evidence, that on 28 april, 1841, the defendant, being domiciliated .....
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..... were therefore witnesses from necessity, and their acts being adopted or authorized by the government, public policy requires that the government should have the means of enforcing its own rights through the instrumentality of their ..... or public policy or the remoteness, the uncertainty, or the contingent nature of the liability. the present case falls directly within these exceptions. the witnesses were acting as the agents of the government in making the search and seizure; they alone could give testimony as to the facts attending such search and seizure, and ..... purpose. if the opinions of messrs. stewart and simpson (the official appraisers at the port of philadelphia) have not the authority of an official appraisement or act, they have nevertheless the weight of the judgment of men accustomed to other goods of this description, and who, from the appointment, as well as their .....
Tag this Judgment!Court : US Supreme Court
..... this service, and accounted for to the treasury, through the engineer department, appears to have been about $35,474." "vii. ministerial and administrative duties -- receiving, acting on, and causing to be filed in the archives of the engineer department, all the letters and other papers, not accounts, thereto referred or received at said ..... the treasury, through the said engineer department, during and for the period stated above, about $67,980." "second. the superintendence of the execution of the acts of congress in relation to internal improvements, by roads, canals, the navigation of rivers, and repairs and improvements connected with the harbors of the united states, ..... and eighth items of his account) were already included in his charge for disbursing, contained in the second item, because when disbursing these sums he was acting as agent for fortifications as well as superintending engineer, which duty the department had a right to require him to perform at a fixed compensation, which .....
Tag this Judgment!Court : US Supreme Court
..... either source, they exercised a jurisdiction over all maritime contracts and over torts and injuries, as well in ports as upon the high seas? -- that acts of parliament recognized their jurisdiction as original maritime jurisdiction, in all seizures for contravention of the revenue laws? was not a larger jurisdiction in admiralty exercised in ..... that the ordinance of the republican government in england expired by the restoration? that ordinance revived much of the ancient jurisdiction in admiralty. it was judicially acted upon in england for twelve years. when it expired there, the enlightened influences connected with trade and foreign commerce, "and page 46 u. s. ..... , to the people of great britain, and among other grievances says "it was ordained that whenever offenses should be committed in the colonies against particular acts imposing duties and restrictions upon trade, the prosecutor might bring his action for the penalties in the courts of admiralty, by which means the subject lost .....
Tag this Judgment!Court : US Supreme Court
..... principle but this rests the justification of the states to prohibit gaming itself, wagers, champerty, forestalling -- not to speak of the debatable cases of usury, marriage brokerage bonds and many other matters deemed either impolitic or criminal? it might not comport with the usages or laws of nations to impose mere transit duties on ..... whole of the laws of the state, as they were very similar to those of massachusetts. the following one will be sufficient: "an act in addition to an act entitled 'an act enabling the town councils to grant licenses, and for other purposes.'" "it is enacted by the general assembly as follows:" "section 1. ..... powers over everything connected with their social and internal condition. a state regulates its domestic commerce, contracts, the transmission of estates, real and personal, and acts upon all internal matters which relate to its moral and political welfare. over these subjects the federal government has no power. they appertain to the state sovereignty .....
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..... would not seem to vitiate it under the reservation made of a right to proceed against savage for what he had received. the complainants, then, fully confirmed savage's acts as a sale, just as much as if no further money had been paid. though they asked for this additional sum, this was no injury to savage, and should ..... kentucky in 1837 to look after their interests. the previous special attorneys had not interfered, as hutchinson, one of them, soon died, and bennock, the other, declined to act. and samuel taylor, in letters to him in 1824 and 1825, inquiring, among other things, if savage had returned to south carolina and exhibited any further account of his ..... u. s. 1 how. 284, in this case. and it is clear that under a statute of alabama, which must, by the thirty-fourth section of the judiciary act, govern this case, the objection cannot be sustained. this statute provides that "where any suit may have been commenced on behalf of or against the personal representative or representatives .....
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..... great, and his standing was of the page 47 u. s. 563 highest order in society, and that pride might have suggested his opposition to the promulgation of his marriage. he, however, always manifested by his conversations, which i frequently heard, the greatest affection for his daughter myra." " answer to the seventh cross-interrogatory" "i have ..... defendant patterson as aforesaid now remains, unaliened and undisposed of, as part and parcel of the succession of the said daniel clark, notwithstanding such sales at auction and act of sale in the pretended right or under the pretended authority of the defendants relf and chew. and the court doth further adjudge, order, and decree, that ..... caused the property so described and claimed by the defendant patterson to be set up and sold at public auction, in december, 1820, and when they executed their act of sale, dated on 18 february, 1821, to gabriel correjollas page 47 u. s. 604 for the two lots therein described (which two lots constitute the same .....
Tag this Judgment!Court : US Supreme Court
..... the eleventh section of the judiciary act, with respect to controversies between citizens of the same state. a jurisdiction substituting, too, for the invaluable safeguard to truth secured by confronting the witness ..... of implication in the terms "admiralty and maritime," overrides the seventh amendment of the constitution, and the important saving in the ninth section of the judiciary act; which by a like implication frees itself altogether from all restriction imposed, both by the second section of the third article of the constitution, and by ..... upon grounds altogether inconsistent with that mode of construing the constitution, and, 2. they affirm the practical construction given to the constitution by congress in the act of 1789, which, we have seen, assigns to the district courts, in terms, a vast field of admiralty jurisdiction unknown to that court in england. .....
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..... import of the agreement. and when we consider the nature of the trust vested in mathewson, the propriety of such an arrangement is clear. he was to be the acting partner in the voyages contemplated, having under his control the large capital invested, with power to trade from port to port, and to buy and sell as he should ..... case will be found in 37 u. s. 12 pet. 164. in january, 1839, charles f. tillinghast was appointed a third master in the place of samuel eddy, to act in conjunction with the other two. page 47 u. s. 130 in november, 1840, the masters made a very elaborate report to the court, accompanied by numerous depositions, in which ..... " "1st. the said henry mathewson agrees to take the command of the ship or vessel the said butler & carrington & co. shall provide for said expedition, and at all times to act as captain and supercargo thereof." "2d. the said mathewson is to proceed to europe, attend to the purchase of said military stores, proceed therewith in said ship to chili and .....
Tag this Judgment!Court : US Supreme Court
..... office, and that during the intermediate time, the rights of patentees would be violated with impunity." we do not assent to this view. in the first place, the act of congress providing for the restoration was not passed till 3 march, 1837, and in the second place, in addition to this, a considerable time must necessarily elapse before ..... that no propelling wheels were made by the defendants between 27 march, 1844, the date of the alleged completion of the record of the plaintiff's patent, under the act of march 3, 1837, and the commencement of this suit in april following, that, upon this ground, the defendants are entitled to a verdict. the court charged, ..... will of the plaintiff, did make and sell divers, to-wit, ten improved machines for propelling boats or vessels upon the water, constructed in a similar form and acting upon the same principle as the said machine or improvement, to the benefit, use, and enjoyment whereof the said plaintiff was and is entitled by his said letters patent .....
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