Court : US Supreme Court
..... him or her to be confined to labor for any time not exceeding six calendar months." and in a subsequent part of the same section, the act authorizes the corporation "to prescribe the terms and conditions upon which free negroes and mulattoes may reside in the city." this law, like the laws of the ..... to be "the arbiters and rulers" of the destinies of the union, and unconstitutional opinions, having for their aim to promote sectional divisions, were announced and developed. "something," said an eminent statesman, "something has suggested to the members of congress the policy of acquiring geographical majorities. this is a very direct step towards ..... not represented, by statutes, in all cases whatever. i find nothing to authorize these enormous pretensions, nothing in the expositions of the friends of the constitution, nothing in the expressions of alarm by its opponents -- expressions which have since been developed as prophecies. every portion of the united states was then provided with a .....
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..... prior to the emigration of our ancestors, and by the laws of many of the states at the time of the adoption of this amendment, the proceedings authorized by the act of 1820 cannot be denied to be due process of law when applied to the ascertainment and recovery of balances due to the government from a collector of ..... the judicial power of the united states can best be considered under another inquiry, raised by the further objection of the plaintiff, that the effect of the proceedings authorized by the act in question is to deprive the party against whom the warrant issues of his liberty and property "without due process of law;" and therefore is in conflict with ..... , the warrant in question was issued by the solicitor of the treasury. its validity is denied by the plaintiffs upon the ground that so much of the act of congress as authorized it is in conflict with the constitution of the united states. in support of this position, the plaintiff relies on that part of the first section of .....
Tag this Judgment!Court : US Supreme Court
..... the district courts sitting in admiralty upon direct application to them for the purpose. the importance of the subject will justify me in an examination of the continental authorities which are supposed to establish the existence of a maritime lien for contribution. the ancient codes do nothing more than recognize the existence of a rule of contribution ..... introduces a new principle into the american commercial system, and that this interpolation adds to the jurisdiction of the judiciary department of this government. this is done by judicial authority. in my opinion, the constitution does not give such a power to this court. i therefore dissent from the decree. page 60 u. s. 182 having ..... a jettison, coke, lord ch.j., cited a case which had been decided, and said in respect to it, "we all did resolve that, this being the act of god, this sudden storm, which occasioned the throwing over of the goods, and which could not be avoided, and for this reason the plaintiff recovered nothing." mouse .....
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..... consideration, have taken the conveyance in his own name; or shall, in violation of some trust, have purchased the lands with moneys belonging to another person. the authority and effect of the territorial laws of minnesota upon subjects within the legitimate bounds or cognizance of that territorial government no person, it is presumed, will be disposed ..... is at once obviated, we hold to be this: that within the provisions prescribed by the constitution, and by the laws enacted in accordance with the constitution, the acts and powers of the government are to be interpreted and applied so as to create and maintain a system, general, equal, and beneficial as a whole. by this ..... has entered the land for himself, and obtained a patent in his own name. according to the clearest and best established principles of equity, the agent who so acts becomes a trustee for his principal. he cannot hold the land under an entry for himself otherwise than as a trustee for his principal. " this exposition of .....
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..... the court of chancery and is not confined by the rules under which that court administers that jurisdiction. his priority is a legal right, reposing upon the legislative authority. before the judgment creditor had established his debt, the plaintiff had acquired possession of the property and had paid his money into court. his purchase money was ..... the decree of the court. in such a case, additional parties are necessary to enable the court to make an operative decree. the court of chancery ordinarily acts in personam, and, in cases like the present, perfects the title of the purchaser by requiring the vendor to execute a title conformably to the agreement. but ..... with it. that an injunction and subpoena issued, and that taylor appeared, answered, and unsuccessfully moved to dissolve the injunction, in july, 1852. that no other act was done by the plaintiff until april, 1853, when the rights of the defendants had attached by those purchase from the sheriff. that in march, 1853, the .....
Tag this Judgment!Court : US Supreme Court
..... the court of c.b. questioned very strongly the general doctrine in edwards v. harben that actual possession was necessary to transfer the property in a chattel, and the authority itself was shaken. and he observes the conclusion from the more recent english cases would seem to be that though a continuance in possession by the vendor be prima facie ..... the key and charge of the store and tin shop to atherton, who, up to that time had been carrying on the business for haskins, but then undertook to act for anderson. anderson and haskins left lasalle and did not return until after the attachment was laid on the goods. haskins never returned to reside there, and exercised no ..... gave the key and charge of the store and tin shop to atherton, who up to that time had been carrying on the business for haskins, but then undertook to act for anderson." "that anderson left town, and about the same time haskins left town, and neither of them returned until after the taking by the defendant, haskins never .....
Tag this Judgment!Court : US Supreme Court
..... union relative to these artificial persons legislation has encouraged their organization, as they concentrate and employ the intelligence, energy, and capital of society for the development of enterprises of public utility. there is scarcely an object of general interest for which some association has not been formed, and there are institutions ..... jurisdiction. it follows, then, that the incorporation of these companies was in each a separate, independent, and distinct and complete act, operating only within the sphere of the legitimate authority that performed it, and any right or attribute of citizenship it could confer would be imparted to its own subjects alone; it ..... in a book for distribution amongst the persons belonging to the corporation or the members of the community. so far, therefore, as the corporation authorized the publication in the form employed, they are responsible in damages. but the instruction of the circuit court was erroneous holding the corporation responsible for .....
Tag this Judgment!Court : US Supreme Court
..... was soon abused -- so much so that afterwards, when it became too common to give land to religious uses, consistently with the free circulation of property, the supreme authority of every nation in europe where christianity prevailed found it necessary to limit such devises by statutes of mortmain. in france, by the ancient constitutions of that kingdom, ..... of mortmain do not exist, the corporation itself having an estate as well by devise as otherwise? we know of no authority which inculcates such a doctrine, or prohibits the execution of such trusts, even though the act of incorporation may have for its main objects mere civil and municipal government and powers. 43 u. s. 2 how. ..... elizabeth, c. 4, was not in force in ohio, unless the courts page 65 u. s. 503 there had acted from the conviction that in such cases chancery had a jurisdiction over them by its own authority. we shall now consider the objections which were made by the counsel for the appellants to the validity of the devises .....
Tag this Judgment!Court : US Supreme Court
..... all the points which are discussed in the opinion of the court must turn back to the preceding volumes above cited, and follow the case through its successive developments. he will then be able to appreciate the concluding remark in the opinion of the court, which is as follows: "when hereafter some distinguished american lawyer shall ..... fair legal title, according to the laws of louisiana. duplesse v. white, 6 ann. 514. if mary clark sold the estate without an authorization from the court of probate, by that act she rendered herself liable to pay the testator's debts, but this did not affect the purchaser. he was not bound to know that any ..... its jurisdiction in that and in other particulars offensively to the ancient usages and rights of spain. in its eagerness to extend its power, it invaded the royal authority and stretched its jurisdiction to every cause in the slightest degree connected with ecclesiastical discipline or punishment. the king resisted it, and he was soon furnished with .....
Tag this Judgment!Court : US Supreme Court
..... , and which are of a general nature, and not local to that kingdom, shall be the rule of decision, and shall be considered of full force until repealed by legislative authority." this act has been in force ever since its date: 3 scam., 301, penny v. little; id., 120, boger v. sweet; id., 396; stewart v. people; 5 gil. ..... than the death of alonzo redman. to this proposition there is a conclusive answer. the general assembly of virginia, by a resolution of the 20th of october, 1783, authorized her delegates in congress to execute a deed ceding to the united states all her "right, title, and claim, as well of soil as jurisdiction" to the territory ..... those terms, his mother was such "next of kin," and hence took an estate of inheritance in the land in question under that act. breese's reports 136, hays v. thomas, is relied upon as authority for this proposition. in that case, the principle was applied as between legitimate persons claiming under a legitimate decedent. the same remark applies .....
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