Court : US Supreme Court
..... , then along the line of relinquishment to the river yazoo and down to its mouth, calling it the county of bourbon. this last act and the two which preceded it attracted the notice of the authorities of south carolina, and then that state, for the first time since 1764, denied that the limits of georgia were as she had ..... thinking that the united states had, under the cession of south carolina, a right to territory in georgia, passed the act of 7 april, 1798, for the amicable settlement of limits with the state of georgia, and authorizing the establishment of a government in the mississippi territory. it was done with an express recognition of georgia's right of ..... i have arrived. i shall do so very briefly, and without entering into an examination of the principles and authorities which have brought my mind to those conclusions. my opinion is: 1. that the calls contained in the act of cession place the western line of georgia on the western bank of the chattahoochee river at the place in .....
Tag this Judgment!Court : US Supreme Court
..... evidence two powers of attorney, one executed by the sisters of zulime to desgrange dated march 26, 1801, authorizing him to settle certain affairs in bordeaux, in france, and the other from desgrange to his wife, authorizing her to act for him in his absence. also a letter written by desgrange to clark from bordeaux and dated july, 1801 ..... u. s. 552 discredit her that caroline was not born until june, 1802, there had been at the time of her departure from new orleans no such development of zulime's pregnancy as necessarily to disclose it to her or anyone else. it is in proof in the record that the witness and zulime left new orleans ..... show that more formidable objections exist to the use of this ecclesiastical paper than merely legal insufficiency of its authenticity. it purports to contain the action of public authorities having a criminal jurisdiction before louisiana was ceded to the united states. the presumption is that it and other documents like it had a regular official depository. .....
Tag this Judgment!Court : US Supreme Court
..... that the magistrate in the foreign country taking the depositions and issuing the warrant had jurisdiction of the case and was competent to perform these acts. unless the authority exists, the acts are coram non judice and void. and the rule is universal that in the case of magistrates or other persons of limited or special ..... into effect, and of course this one among others, takes up the subject at this stage of the proceedings and designates the judicial officers who are authorized to act, and prescribes in general terms the steps to be pursued in the arrest, the examination of the criminal charge, and final commitment for the surrender, ..... undoubted principle of this government that its judicial tribunals possess no power to arrest and surrender to a foreign country fugitives from justice except as authorized by treaty stipulations and acts of congress passed in pursuance thereof. whether congress could confer the power independently of a page 55 u. s. 136 treaty is a question .....
Tag this Judgment!Court : US Supreme Court
..... that it had been objected that the improvement described in the patent of march 14, 1846, was different from that of march 29, 1841. the act only authorized a reissue for the same invention, the first specification being defective. that he had compared the descriptions contained in the two patents, and, though the language ..... his honor instructed the jury that novelty in the mere combination of the machinery was not essential to the plaintiffs' right to recover except as connected with the development and application of the principle before mentioned, to which the defendants' counsel excepted." "proposition ix. that if the jury believes that the same combination of cylinder, ..... , when practically applied in the construction of a useful article of commerce or manufacture, is patentable, but the process through which the new property is developed and applied must be stated with such precision as to enable an ordinary mechanic to construct and apply the necessary process. this is required by the .....
Tag this Judgment!Court : US Supreme Court
..... however, be stated with reasonable certainty, so that it can be understood from the writing itself, without having recourse to parol proof." and this position rests upon a current of authorities, both in england and america, which it is presumed are not intended to be disturbed. but how can the contract be understood from the writing itself, when that fails to ..... was a sufficient compliance with the statute. it was competent to show, by parol proof, that mason signed for the firm of mason & lawrence, and that the house was acting as agents for the plaintiffs, a company engaged in manufacturing the goods which were the subject of the sale; and also to show, that the figures 7 1/4 and ..... , and n.; long on sales, 197, ed. 1839, 1 gale & davis. 52. extraneous evidence is also admissible to show that a person whose name is affixed to the contract, acted only as an agent, thereby enabling the principal either to sue or be sued in his page 55 u. s. 455 own name; and this though it purported on its .....
Tag this Judgment!Court : US Supreme Court
..... anyone that the first inventor of a steam printing press was entitled to the exclusive use of steam as a motive power, however developed, for marking or printing intelligible characters. indeed, the acts of the patentee himself are inconsistent with the claim made in his behalf. for in 1846 he took out a patent for his ..... read and understood. we deem it unnecessary to pursue further the comparison between the machinery of the patents. the invasion of the plaintiff's rights, already stated, authorized the injunction granted by the circuit court, and so much of its decree must be affirmed. but for the reasons hereinbefore assigned, the complainants are not entitled ..... a telegraph substantially the same with the electro-magnetic telegraph, invented by the complainant, morse, and in his patents mentioned, against the will and without any authority from them, the complainants. they show that the terms of the contract, under which o'reilly claimed their right to the use of the telegraph, on certain .....
Tag this Judgment!Court : US Supreme Court
..... done. in florida, larger indian sales page 57 u. s. 239 of land were confirmed, upon the ground that the governors of that province acted in such a matter upon a different authority from the king. but both in florida and louisiana it was so well understood that an indian sale of land, before it could take effect at ..... 5, c. 2. again: indians, although of age, continue to enjoy the rights of minors, to avoid contracts or other sales of their property -- particularly real -- made without authority of the page 57 u. s. 238 judiciary or the intervention of their legal protectors. solerzanos politica indiana, 1, 209, 24, 42. indians are considered as persons under legal ..... all, needed the ratification of the governor, that it was frequently inserted in the act of sale. see claims of purchasers of indian lands by stephen .....
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..... 58 u. s. 399 depositories of the testator's confidence, and that power to be dependent on conditions upon which, and on which alone, they should have authority to act. in the progress of events to which the devise was necessarily incident, the powers created and to be executed by the devisees in trust have become impracticable and void ..... and of a predecessor who, all the reports inform us, had great occasion to consider this subject. i should hesitate with reference to that circumstance; but where authority meets authority and precedent clashes with precedent, i doubt whether i could make a decree more satisfactory to my own mind than that which has been made." it will be ..... special delegate of the crown, or the king acts under the sign-manual, his discretion being guided by the chancellor." it may be well again to state the precise question before us. "the executors, or the survivor of them, after the decease of the testator's wife, was authorized to dispose of the property, for the use .....
Tag this Judgment!Court : US Supreme Court
..... causes of action arising ex delicto in virginia, except so far as it may have been modified by statute. 2. that the provision of the statute of virginia authorizing actions for or against executors and administrators for torts page 58 u. s. 223 done or suffered by those whom they represent limits those actions to instances which ..... as in his favor, is unquestionably an extension of the statute of edward iii which confers the right of action upon the executor or administrator, but does not authorize an action against him. but although the former statute is certainly an extension of the latter with respect to the parties for or against whom the right of ..... assembly of virginia that so much of the above-recited ordinance as relates to any statute or act of parliament shall be and the same is hereby repealed, and that no such statute or act of parliament shall have any force or authority within this commonwealth." these provisions are followed by savings with respect to rights arising under any .....
Tag this Judgment!Court : US Supreme Court
..... 138, 237, 298; 5 id. 600. but this consent was not, perhaps, necessary, and the application for it is but evidence of the strong desire of the state authorities to act in good faith and to keep within the pale of the law. 4 ala. 622. the trusts created by these compacts relate to a subject certainly page 59 u. s ..... modeled. has the discovery of minerals of value upon this section been deemed a sufficient cause for its withdrawal from the operation of this policy and the compacts which develop it? the ordinance of 1785 dedicated the section no. 16 for the maintenance of public schools, and in each sale of the public lands there was by the ..... principle was extended first by congressional enactment, 1 stat. 550, 6, and afterwards, in 1802, by compact between the united states and georgia to the southwestern territory. the earliest development of this page 59 u. s. 178 article in practical legislation is to be found in the organization of the state of ohio and the adjustment of its civil polity .....
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