Court : US Supreme Court
..... of vessels having masts. this will largely reduce the income from the property and render it less valuable. the defendants are proceeding to build the bridge under the authority of an act of the legislature of pennsylvania. the schuylkill river is entirely within her limits, and is "an ancient river and common highway of the state." for page 70 ..... proceeds, and as are the works affected by it. and whatever injury there may now be will become greater in proportion to the increase of population and the commercial development of the country. and in a country like this, where there would seem to be no limit to its progress, the injury complained of would be far greater ..... judgment. the case was brought into this court by a writ of error. in delivering the opinion of the court, chief justice marshall said: "but the measure authorized by this act stops a navigable creek, and must be supposed to abridge the rights of those who have been accustomed to use it; but this abridgment, unless it comes in .....
Tag this Judgment!Court : US Supreme Court
..... . [ footnote 5 ] in fact, so liberal is the rule on this subject that where a part owner of property effects an insurance for himself and others without previous authority, the act is sufficiently ratified where suit is brought on the policy in their names. [ footnote 6 ] it is contended that the contract of insurance, being in the name of ..... entire body can direct one of their number to transact business which it may be inconvenient for the others to perform, and the acts of the one thus authorized are the acts of all, and binding on all. the trustee thus acting is to be considered the agent of all the trustees, and not as an individual trustee. [ footnote 4 ] if, within ..... the scope of his agency, he procures an insurance, it is for the other trustees as well as himself. if he does it without authority, still it is a valid contract which .....
Tag this Judgment!Court : US Supreme Court
..... may be transferred to the jurisdiction of the federal courts. other cases, not included under these heads but involving questions under the constitution, laws, treaties, or authority of the united states, are only drawn within the control of the federal courts upon appeal or writ of error after final judgment. by subsequent legislation of ..... both state and federal courts. the cognizance of civil causes of admiralty and maritime jurisdiction vested in the district courts by the ninth section of the judiciary act, may be supported upon like considerations. it has been made exclusive by congress, and that is sufficient, even if we should admit that in the ..... the cognizance by the federal courts "of civil causes of admiralty and maritime jurisdiction" is not exclusive, as declared by the ninth section of the judiciary act of 1789. the question presented for our determination is therefore whether such cognizance by the federal courts is exclusive, and this depends either upon the constitutional .....
Tag this Judgment!Court : US Supreme Court
..... cases were not likely to arise requiring the aid of admiralty courts. but with the vast increase of inland navigation consequent upon the use of steamboats, and the development of wealth on the borders of the rivers, which thus became the great water highways of an immense commerce, the necessity for an admiralty court, and the ..... courts can exercise a concurrent jurisdiction. nearly all the states -- perhaps all whose territories are penetrated or bounded by rivers capable of floating a steamboat -- have statutes authorizing their courts, by proceedings in rem, to enforce contracts or redress torts which, if they had the same relation to the sea that they have to the ..... jurisdiction; that the law of that state attempting to confer this jurisdiction is void because it is in conflict with the act of congress of september 24, 1789, and that this act is well authorized by the constitution of the united states. unless page 71 u. s. 570 we are prepared to retract the principles established by .....
Tag this Judgment!Court : US Supreme Court
..... proceeding, and continue in force wholly unaffected by any subsequent state legislation. alterations can only be made by congress or by the federal courts acting under the authority of an act of congress. practical effect of the course pursued was that the forms of writs and executions and the modes of process and proceedings were ..... on bonds issued by the county as material aid in the construction of a railroad, and the report of the case shows that the same legislative act which authorized the subscription made provision that the commissioners should annually "assess a special tax sufficient to realize the page 73 u. s. 194 amount of interest ..... declared irrepealable, and the provision is that the taxes appointed for carrying the object into effect cannot be rescinded. [ footnote 7 ] iii. corporation defendants, acting under the authority of those provisions of law, on the first day of december, 1853, issued fifty bonds to the lyons iowa central railroad company, of one thousand dollars .....
Tag this Judgment!Court : US Supreme Court
..... her charities under the will, has been legally executed. it is insisted on the part of the complainants that the power of appointment is a naked authority to appoint persons who were to act for the testatrix in choosing the objects of her bounty, and to make known to them such facts as the two trustees should deem proper to guide ..... was incompetent to execute it. if the premises are well founded, the conclusion is undeniable. [ footnote 5 ] we are satisfied, however, that this is a mistaken view of the authority conferred on the trustees. they were invested page 73 u. s. 354 with the whole of the legal estate, and were to hold the same in trust to "manage, invest ..... that the power conferred is a power coupled with an interest, which survives on the death of one of them, and may be executed by the survivor. ( see the authorities above referred to.) it is not necessary that the trustees should have a personal interest in the trust; it is the possession of the legal estate, or a right virtute .....
Tag this Judgment!Court : US Supreme Court
..... footnote 3 ] this precise question, arising under the same circumstances, came before the supreme court of wisconsin. it was held that the objection was untenable, that the statute authorizing the writ to go against the town clerk applied to the case, and that it was conclusive. if there could otherwise have been any doubt upon the question, this ..... roll for collection. a statute of wisconsin [ footnote 1 ] forbids the issuing of an execution against a town, and expressly prescribes this mode of procedure. ample authority to issue the writ is given by the statute. the proceedings on the part of the plaintiff in error are in all things in strict conformity to its requirements. ..... his duty to lay a tax to pay all debts of the town, a mandamus having issued under the first act, but after efforts to make it productive, having produced nothing. in 1853, the legislature of wisconsin authorized the town of beloit to issue its coupon bonds for the benefit of a certain railroad. the town did issue .....
Tag this Judgment!Court : US Supreme Court
..... enforce it by a proceeding in rem is exclusive in the district courts of the united states, as provided by the ninth section of the judiciary act of 1789. 2. state legislatures have no authority to create maritime liens, nor can they confer jurisdiction upon a state court to enforce such a lien by a suit or proceeding in rem, ..... general jurisdiction of the admiralty extends. 4. the "saving," in the ninth section of the judiciary act, "to suitors, in all cases, of the right of a common law remedy, where the common law is competent to give it" does not authorize a proceeding in rem to enforce a maritime lien in a common law court, whether state or federal ..... have property therein. 5. these principles applied to the provision of the statute of 7th october, 1864, of the state of alabama, under which contracts of affreightment are authorized to be enforced in rem through courts of the state by proceedings the same in form as those used in courts of admiralty of the united states, and the statute .....
Tag this Judgment!Court : US Supreme Court
..... moved to dismiss the writ for want of jurisdiction, on the ground that the plaintiff in error had not set up below any claim under the constitution, laws, or authority of the united states, but on the contrary had claimed exclusively under the law of north carolina. page 76 u. s. 613 the chief justice delivered the opinion of ..... but this right does not appear to have been set up, or specially claimed in the state court, and this is essential to jurisdiction here. we have no authority, therefore, to examine the question presented by the record, but must allow the motion of the defendants in error, and dismiss the cause for want of jurisdiction ..... present cause. there was no decision by the supreme court of north carolina against the validity of any treaty or act of congress, or authority exercised under the united states; nor in favor of the validity of a statute of, or authority exercised under a state, and alleged to be repugnant to the constitution, treaties, or laws of the united states. .....
Tag this Judgment!Court : US Supreme Court
..... or to whose credit money is placed there is the ordinary relation of debtor and creditor, and does not partake of a fiduciary character, and the great weight of american authority is to the same effect. as checks on bankers are in constant use, and have been adopted by the commercial world generally as a substitute for other modes of payment ..... the evidence tended to show, that the bank, before the check came to the plaintiff's hands, paid it on a forged endorsement of his signature, to a person not authorized to receive the money, it does not follow that the bank promised the plaintiff to pay the money again to him, on the presentation of the check by him for ..... whether the parties to it are private persons or public agents. [ footnote 6 ] as soon as the deposit was made to the credit of lawler as paymaster, the bank was authorized to deal with it as its own, and became answerable to lawler for the debt in the same manner that it would have been had the deposit been placed to .....
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