Court : US Supreme Court
..... has in clear terms excluded all such cases from the operation of a rule requiring gross negligence to be proved to lay the foundation of an action for damages to person or property. the thirteenth section of the act of july 7, 1838, 5 stat. 306, provides: "that in all suits and actions against proprietors of steamboats for injury arising ..... , as vested in the courts of the united states by the constitution. it is the case of an alleged marine tort. the libel omits to allege that the act constituting the gravamen of the complaint did not occur either infra corpus comitatus nor infra fauces terrae. it will hardly be denied that the rule of the admiralty in ..... without compensation. but it cannot be necessary that the compensation should be in money, or that it should accrue directly to the owners of the boat. if the master acted under an authority usually exercised by masters of steamboats, if such exercise of authority must be presumed to be known to and acquiesced in by the owners, and the .....
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..... survivor of them, was to designate such objects of his charity in the two states "as would be most beneficial to mankind." it was to be placed on the broadest foundations of human sympathy, not page 58 u. s. 384 excluding the colored race. it is no charity to give to a friend. in the books it is said ..... his executors. without their action, he did not intend to dispose of the residue of his property. it is argued "that in england, the chancellor, in administering charities, acts as the delegate of the crown inasmuch as he discharges all his judicial functions in that capacity." if by this it is intended to assert that the chancellor, in affixing ..... does not command our assent. the statute of 43 eliz., though not technically in force in pennsylvania, yet by common usage and constitutional recognition the principles of the statute are acted upon in cases involving charities. witman v. lex, 17 serg. & rawle 88. in the argument, the case of moggridge v. thackwell, 7 ves. 86, was cited as .....
Tag this Judgment!Court : US Supreme Court
..... agency in cases where they may not be a party. i have considered this motion upon the concessions of the argument, but the principle lying at the foundation of the case should not form the basis of a judgment merely on the strength of such concessions, and hence i proceed to its examination. "the judicial ..... 16, 17. the supposed cases of exception cited by the attorney general only display the pervading extent of this principle. the instances quoted are rules under the interpleading act of wm. iv; landlords defending for tenants in ejectment, vouchees in warranty in real actions, bills of interpleader, and suits by representative parties, for or against ..... far from weakening my confidence in the correctness of the reasoning by which it has been arrived at. the constitution of the united states substituted a government acting on individuals in place of a confederation which legislated for the states in their collective and sovereign capacities. the continued existence of the states under a .....
Tag this Judgment!Court : US Supreme Court
..... have done, where his debtor may be amenable to the tribunal which the creditor may seek. in those countries of europe in which foreign judgments are regarded as a foundation for an action, whether it be allowed by treaty stipulations or by comity, it has not as yet been extended to a receiver in chancery. in the united ..... . knight, sittings in guildhall after hilary term, geo. iii, cooke's bank.laws 300, 3 burge 907, ruled that where an english creditor proceeded, subsequent to an act of bankruptcy, by attachment in a foreign country and obtained judgment there and satisfaction by the sale of the debtor's personal property, the assignees in an action in england ..... , on the 28th january, 1843, his petition to be declared a bankrupt. that he had been declared a bankrupt on the 22d march following, pursuant to the "act to establish an uniform system of bankruptcy throughout the united states," passed august 19, 1841. he then recites that there had been attached to his petition in the bankrupt .....
Tag this Judgment!Court : US Supreme Court
..... habits of industry and frugality, and no more." his ruling purpose had no connection with the poor of any one generation. his desire was to establish a foundation to exist for all time -- a perpetuity. he knew that to attain this purpose, a succession of persons, animated with a corresponding aim, must be ..... organization, government, and discipline; they are likewise page 56 u. s. 407 charged with the instruction, education, and reformation of juvenile delinquents and vagrants. these acts are from a sovereign authority, and endue the city with the powers of acquiring, retaining, and disposing of property, without limitation as to value, and assign ..... , 3, art. 418, et seq. the privileges which thus belong to corporations legally existing, have been granted to the inhabitants of new orleans in various legislative acts. the authorities of the city have, besides, received powers of government extending to all subjects affecting their order, tranquility, and improvement. it is agreed that these .....
Tag this Judgment!Court : US Supreme Court
..... examination and to be passed upon by the court. the object of this provision appears to be, to place the titles to land in california upon a stable foundation, and to give the parties who possess them an page 58 u. s. 554 opportunity of placing them on the records of the country, in a manner ..... exercised under it by the tribunals or officers of the government, it is often necessary to seek information from other authentic sources, such as the records of official acts, and the practice of the different tribunals and public authorities. and it may sometimes be necessary to seek information from individuals whose official position or pursuits have ..... bear on this case, were of the character above mentioned. it necessarily happened from this mode of granting that many concessions were obtained which the parties never afterwards acted on. a person who had contemplated a settlement, or planting a colony, or making some other improvement in a particular place, sometimes changed his mind, or found .....
Tag this Judgment!Court : US Supreme Court
..... but never attained. in what has been done by congress, i can have no doubt that they have acted wisely, justly, and strictly within their constitutional competency. by their action they have completely overthrown every foundation upon which the decrees of this court, the orders of the circuit judge, and every motion purporting to ..... properly consider, if they are not bound to do so, that the defendants, in making application to congress, and in procuring the passage of the act, as having acted in good faith. and although the law, if it has been passed in violation of the constitution, cannot be held valid, yet it may save ..... matter aforesaid, do strictly enjoin and command the said wheeling & belmont bridge company, its president, managers, officers, engineers, agents, contractors, and servants, and all persons acting by their instigation, authority, advice, procurement, or otherwise, to observe and obey the aforesaid order and injunction." "hereof fail not under the full penalty of the law .....
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..... judgment of the court. the theory upon which jurisdiction is conferred on the courts of the united states in controversies between citizens of different states has its foundation in the supposition that possibly the state tribunal might not be impartial between their own citizens and foreigners. the question presented in the present case is one ..... this original document can furnish no evidence of the intention or will of the legislature. it must be remembered that there is no allegation or pretense that the acts published by authority of the legislature differ from the original reported to them and adopted by them. that is the only original, if there be any such ..... the legislature, and were published by authority in 1827. by this it appears that they adopted the statute of limitations, and the 10th section thereof, from the published acts of 1820, and as stated above. again, in 1833, "the laws of the territory of michigan were condensed, arranged, and passed by the fifth legislative council," .....
Tag this Judgment!Court : US Supreme Court
..... and support of a tribunal whose highest function is the assertion of law, justice, integrity, order -- the dispensation of right equally to all. upon such a foundation, such a pretense, or rather such a defiance of authority, i will not, by an abuse of language, call it even a pretense of right. i ..... dwell among the savages without protection. numerous enactments also exhibit their cautious jealousy with respect to foreigners, and especially their coterminous neighbors on the north. an act of 1828 directs all spaniards living on the coast of the mexican gulf to retire twenty leagues from it. another, of 1830, prohibits settlements of ..... on the contrary, the same considerations of policy which excluded foreigners would encourage the settlement of natives within those bounds. the statute books of mexico abound in acts offering every inducement to mexican families to settle on page 59 u. s. 548 frontiers -- proffering gratuitous grants of land and of agricultural implements, expenses of .....
Tag this Judgment!Court : US Supreme Court
..... chief justice marshall, "became joint property or belonged to the separate states was a momentous question which threatened to shake the american confederacy to its foundations. this important and dangerous question has been compromised, and the compromise is not now to be contested." 6 c.r. 87. the cessions ..... the mississippi territory, were adopted. a territorial government was organized between the chattahoochee and mississippi rivers. this was within the limits of georgia. these acts dismembered georgia. they established a separate government upon her soil, while they rather derisively professed "that the establishment of that government shall in no ..... reciprocal relations. they are different agents and trustees of the people of the several states, appointed with different powers and with distinct purposes, but whose acts, within the scope of their respective jurisdictions, are mutually obligatory. they are, respectively, the depositories of such powers of legislation as the people were .....
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