Court : US Supreme Court
..... for doubt as to what it was that the supreme government approved. the agreement thus entered into embraced all the subjects upon which the junta had authority to act. nor can it be said that the approval of the supreme government was only required as to those propositions of castillero which related to the ratification ..... himself, were, by senor moral, about the middle of april, 1846, communicated to the junta de fomento y administrativa de mineria, a body charged with the development and encouragement of mining interests in mexico, and the administration of certain funds connected with the same object. there were also transmitted by moral to the junta, ..... , and our own are chiefly interested, and as don ysidoro de la torre has gone to europe, he will concert with mr. barron everything which can tend to the successful development of this enterprise." "we are, dear sir, your most obedient servants," "barron, forbes & co." "jas. alex. forbes, esq., san francisco." "endorsed: barron, forbes & co .....
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..... the mortgagor. 2. the mere fact that such a mortgage deed has the corporate seal attached to it, does not make it the act of the corporation if the seal was not affixed by a person duly authorized. 3. the presumption is that the seal was rightfully affixed to a deed, or other instrument on which it appears, but that ..... mortgage, and cannot be fore closed as such. the mere fact that a deed has the corporate seal attached, does not make it the act of the corporation, unless the seal was placed to it by someone duly authorized. jackson v. compbell, 5 wendell 572; damon v. granby, 2 pick. 345, 353; bank of ireland v. evan, 32 eng.l. & ..... a loan of money to carry on their business, and if a loan could not be affected without real security, power to mortgage was given to the directors. no authority was given to them to secure preexisting indebtedness, and certainly none to secure themselves in preference to other creditors. did these directors, as guardians of an important trust committed .....
Tag this Judgment!Court : US Supreme Court
..... . keep v. sanderson, 12 wis. 362. in cases like this, involving the construction of a state statute, this court is governed by the judgment of the highest judicial authority of the state. ( leffingwell v. warren, decided at this term). this ruling of the supreme court of wisconsin is sustained by numerous adjudications in other states. 2 seld. ..... as corrected shall read as follows:" then follows the body of the instrument, which is the same with that of the prior assignment except that in the clause authorizing the assignee to sell and dispose of the assigned property, the words "upon such terms and conditions as in his judgment may appear best and most for the ..... of wisconsin to be fraudulent and void. 2. in cases involving the construction of a state statute, this court is bound to follow the judgment of the highest judicial authority of the state. 3. if a debtor makes an assignment which is void, and afterwards -- but before any creditor has acquired a lien -- makes another which is .....
Tag this Judgment!Court : US Supreme Court
..... a. baker to charles r. dean is alleged to be fraudulently executed by floyd p. baker in the name of clifford a. baker. that he used clifford's name without authority, and that charles r. dean was a fictitious person. the evidence of botsford shows these facts prima facie. " it is manifest that if charles r. dean was a fictitious person ..... that by the deed made july 24, to clifford a. baker, nothing passed but the equity of redemption, and if he is correct in this, the instruction was error. numerous authorities from english and american decisions are cited by counsel on both sides in reference to this point, but in the view which we take of the matter, they become of .....
Tag this Judgment!Court : US Supreme Court
..... . 404. all the cases recognize fully the liability of the principal where the relation of master and servant or principal and agent exists, but there is a conflict of authority in fixing the proper degree of responsibility where an independent contractor intervenes. we are not disposed to question the correctness of the rule contended for by the defendant as an ..... robbins. the suit was originally commenced in the cook county court of common pleas, one of the state courts of illinois. in was transferred, in pursuance of the act of congress, on the petition of robbins that he was a citizen of new york, to the circuit court of the united states for the northern district of illinois, ..... the streets as to produce the injury unless the corporation concurred in the wrong. 3. a private party is concluded by a judgment recovered against a corporation for his act or negligence if he knew that the suit was pending and could have defended it. 4. an express notice to such party to defend the suit is not .....
Tag this Judgment!Court : US Supreme Court
..... shall be specially devoted to a town house, primary school, and public establishments and offices. " on the 3d november, 1833, the mexican congress passed an act authorizing the executive to adopt the measures necessary for their colonization, and with this view to use the property granted to pious uses, in order to facilitate the operations ..... of congress, dated the 21st of the same month, in conformity with the 198th article of the organic law." "the governors of the departments are authorized to act expeditiously in extraordinary cases, and with due justification to preserve the great interests of the independence and the integrity of the national domain, and to secure ..... and control from the priests and vesting them in the civil authorities. v. congress of mexico, on the third day of november, 1833, passed an act authorizing the executive to adopt all measures which should secure their colonization, and for that purpose gave authority to use the property donated to pious uses in order to .....
Tag this Judgment!Court : US Supreme Court
..... telegraphing. by the eighth claim of his reissued patent he claimed "not the specific machine described, but the use of the motive power of the galvanic current however developed for printing signs or letters at a distance, being a new application of that power of which he was the first discoverer." on which this court remark, [ footnote ..... the following description of the mode of application." the claim is for the "mode of operation, substantially as herein described." we have no leisure for a further development of this novel form of patent, or how, by the use of general and abstract terms, the specification is made so elastic that it may be construed to ..... declared by the court to be a great abuse of the privileges granted by the thirteenth section of the patent act of 1836, authorizing a surrender and reissue in certain cases, and is pointedly condemned. 2. as the patent act grants a monopoly to anyone who may have discovered or invented "any new and useful art, machine, manufacture or .....
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..... provisions of these two sections were, in their material page 69 u. s. 330 parts, as follows, and the reader will observe how far they authorize redemption for delinquencies prior to the date of the act of 1 april, 1831; and how far for any term after the passage of it. " 21. if any person having title to any tract ..... any one of them all be correct, and when, if counsel had excepted specifically, a different result might have followed. 2. where a statute gives to county courts authority and jurisdiction to hear and determine all cases at common law or in chancery within their respective counties, and "all such other matters as by particular statute" page 69 u ..... 1792, and are to be found fully stated in section 7th of the act of 1819. [ footnote 4 ] "the justices of every such court, or any four of them, as aforesaid, shall and may take cognizance of, and are hereby declared to have power, authority, and jurisdiction, to hear and determine, all cases whatsoever now pending, or which shall .....
Tag this Judgment!Court : US Supreme Court
..... parker in foster v. essex bank, [ footnote 6 ] "there is no such thing as a vested right to do wrong, and the legislature which, in its acts, not expressly authorized by the constitution, limits itself to correcting mistakes and to providing remedies for the furtherance of justice, cannot be charged with violating its duty, or exceeding its ..... authority." such acts are of a remedial character, and are the peculiar subjects of legislation. they are not liable to the imputation of being assumptions of judicial power. the ..... congress (as we have decided), without the legislation of congress, they must necessarily accept and exercise it subject to the conditions imposed by the act which authorizes them to receive the record. this court would have the same right to issue its mandate as in cases where we have jurisdiction over the .....
Tag this Judgment!Court : US Supreme Court
..... was made a territory by itself, a government for that territory, having a legislature with the usual powers of these bodies in the territories, and this legislature had acted on the development of the mines as a subject more or less within its competence. page 70 u. s. 100 independently of this, however, a special kind of law -- ..... the overruling order an appeal was taken, on the 15th november, 1862, to the supreme page 70 u. s. 98 court of the territory under an act of the territorial legislature authorizing such appeals. on the 16th of march, 1863, the supreme court gave judgment in the cause as follows: "on appeal from the district court of the ..... that in the treaty referred to [ footnote 3 ] it is admitted that previously to our acquisition of it, the ceded territory had been settled to some extent by the authority of preexisting governments, and that all rights thus existing are made inviolable. in fact, immense estates in california -- a part of the acquired territory -- rest on the .....
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