Court : US Supreme Court
..... state court under which the land was sold, we might not find it easy to affirm or reverse the judgment on satisfactory grounds, notwithstanding the abundant citation of authorities from the tennessee courts. but we occupy no such position. the record of this case is introduced collaterally as evidence of page 77 u. s. 316 title ..... waiting twelve months from the return of the writ, and without calling him at three different terms of the court, all of which are specially required by the act regulating the proceedings in ohio, where they were had. this court held that there was sufficient evidence of jurisdiction in the court which rendered the judgment, notwithstanding ..... v. bank of the united states [ footnote 2 ] was much like this, and required stronger presumptions in favor of the jurisdiction of the court to sustain its acts than the one before us. the defendant there, as here, held land under attachment proceedings against a nonresident who had never been served with process or appeared in .....
Tag this Judgment!Court : US Supreme Court
..... of her will to take his place, and the court in washington competent for that purpose, acting under a statute [ footnote 3 ] which authorized the appointment of such an administrator, but was silent as to the powers which such a representative of the decedent shall have, appointed one john ..... granted by the judge of probate to john h. ingle, as if the will contained no such provision. the question whether the administrator thus appointed could exercise any authority as to the real estate is deemed an important one by the counsel on both sides, and has been fully argued. the maryland statutes which bear upon the ..... will insofar as the execution thereof is committed to my said executors, and that proper letters of administration with the will might be granted by the court or authority competent for the purpose, to the person or persons so elected." but the vestries of the two churches named by miss dermott did not elect anyone in pursuance .....
Tag this Judgment!Court : US Supreme Court
..... the subscribing witnesses, of whom the officer taking the acknowledgment was one. 3. it will be presumed that a commissioner of deeds in new york, whose authority to act is limited only to his county, exercised his office within the territorial limits for which he was appointed, although the only venue given to his certificate of ..... york" present some definite locality, at least, while there can be none to the words " lincoln v. wiscasset. " the commissioner of deeds in new york had authority to act only in his county; and it will be presumed, although the state be named, that the officer exercised his office within the territorial limits for which he was ..... . the answer to this objection is brief and conclusive. unless the statute requires evidence of official character to accompany the official act which it authorizes, none is necessary. and where one state recognizes acts done in pursuance of the laws of another state, its courts will take judicial cognizance of those laws so far as it .....
Tag this Judgment!Court : US Supreme Court
..... error to the circuit court of the united states for the district of iowa syllabus 1. the limitation in the act of 22 january, 1852, of the legislature of iowa, amendatory of the charter of the city of muscatine, and which authorized the council to levy a tax not exceeding one percent on the assessed value, in any one year, of the ..... to the supreme court of the state, in which case this court has power by the judiciary act to reexamine and reverse any decision of such a court, where there has been drawn in question the validity of a statute of or an authority exercised under any state on the ground of their being repugnant to the laws of the united states ..... that action is voluntary and there is no debt evidenced by a judgment against the city to be provided for, one percent is the maximum of the tax they are authorized to impose. but when a judgment has been recovered, the case is within the regulations of the code. those provisions are then brought into activity and operate with full force .....
Tag this Judgment!Court : US Supreme Court
..... white had virtually abandoned her attachment suit in the chancery court, and that she relied upon having her debt made in the district court, as provided by the act of congress which authorized the seizure; and that these proceedings in the district court gave the united states a prior lien upon the page 78 u. s. 585 property, the same ..... federal troops arrived. why did he leave? was he forced to leave, and was his return forbidden? could he not have returned at any moment by submitting to the authority of the united states? was not his absence a voluntary one? the order of publication was made at the january rules, 1864. president lincoln's proclamation of amnesty was ..... proceedings were in contempt of the district court. though that be so, the matter is not before us, and we cannot adjudicate upon it. if the united states authorities had the right to seize the property and take it out of the hands of the law as a preliminary step to proceedings for confiscation, it would nevertheless seem .....
Tag this Judgment!Court : US Supreme Court
..... the city therefor. but this cannot be seriously urged as conferring the right to issue such bills as those now in suit. such city securities as those authorized by the charter are totally different from bills issued and used as a currency or circulating medium. the distinction is well understood and recognized by the whole ..... themselves. but in the case of municipal and other public corporations another consideration intervenes. they represent the public, and are themselves to be protected against the unauthorized acts of their officers and agents, when it can be done without injury to third parties. this is necessary in order to guard against fraud and peculation. persons ..... and year, a so-called "legislature of virginia," the body being composed of representatives from parts of the state in rebellion against the federal government, passed an act, by whose language the issue of the sort of notes in question was made valid, and the city obliged to redeem them. in october, 1868, the rebellion .....
Tag this Judgment!Court : US Supreme Court
..... the transaction which was the subject of the suit arose, ever used his powers to purchase coin, or ever certified a check to be good. 4. the national currency act of 1864, authorizing the banks created under it to buy and sell coin, a bank having coin in pledge may sell and assign its special property, in which case the assignee will ..... by successive accretions. we have disposed of this case as it is before us. how far it may be changed in its essential character, if at all, by a full development of the evidence on both sides in the further trial, which will doubtless take place, it is not for us to anticipate. page 77 u. s. 652 the judgment below ..... good" by its cashier, and given to the former bank, amounting, the three, to $600,000. the case, as developed by admitted facts and by the plaintiff's evidence alone, was thus: both banks were associations organized under the national currency act of 1864; the state bank with a capital, as its articles of association seemed to show, of $1,800,000 .....
Tag this Judgment!Court : US Supreme Court
..... seized and condemned as a necessary consequence of the declaration of war; and the decision of the court was that it could not be condemned without an act of congress authorizing its confiscation. the language of the eminent chief justice is perhaps subject to some qualification, if it was intended to state as a rule of public ..... may look to the seizure made by the marshal under the executive order before the information was filed. that was made by direction of the district attorney, acting under authority of the president, and the marshal, in reporting his action, returned that he seized the stock "by serving a notice of said seizure personally upon the vice ..... and decrees, to issue process, and do all other things necessary to fitly and efficiently carry out the purposes of the act, which were to seize and confiscate (inter alia) stocks and credits. under this authority, the court might have made an order, had it been necessary, prescribing as the mode of seizure precisely what the marshal .....
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..... on certain bonds, with interest coupons attached, issued by the township of new buffalo, in the county of berrien and state of michigan, plaintiff in error, under the authority of a general statute of that state approved march 22, 1869, conferring power upon townships, cities, and villages to pledge their aid, by loan or donation, with ..... 60 , where we ruled that by the law of michigan as expounded by its supreme court and acted upon by its legislature and executive departments prior to the decision in people v. salem, bonds issued in conformity with the act of march 22, 1869, were valid obligations of the municipality by whom they were issued. for the ..... that company. we concur with the court below in holding that the aid voted must be deemed to have been given in view of the then existing statute, authorizing two or more railroad companies forming a continuous or connected line to consolidate and form one corporation and investing the consolidated company with the powers, rights, property, .....
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..... 1847, a power of attorney, "each one for themselves," from rene marie ferdinand jacquemart and wife, to f. r. tillon and w. l. cutting, with power of substitution, authorizing them to sell any lands in illinois "which mr. and madame jacquemart at present own; and in which the said constituents have interests, of any kind soever to be protected ..... two for $66 at two and three years respectively; that the $100 was paid and the three notes given; that contemporaneous with the sale, he, cockle, professing to act as attorney of jean ferdinand jacquemart (the name of jean instead of rene marie, having as cockle himself testified, been signed "by inadvertence and mistake," and "the intention having ..... sense can it be said that cain broke his agreement. it is true he did not formally tender the money to cockle, but this would have been a useless act, as cockle told him, on his application to pay, that he could not receive the money. besides, he had good right to suppose, from what had previously .....
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