Court : US Supreme Court
..... authority of the state to levy taxes upon personal property belonging to its citizens, but situated beyond its limits, denied. but the complaint is that the application of the act of 1826, by that of 1850, to a succession already in the course of settlement, and which ..... 4 ga. 208. the plaintiff's argument concedes that his case is not within the scope of this clause of the constitution unless its limits are page 58 u. s. 464 enlarged to embrace civil as well as criminal cases, and he insists that the court should depart ..... that time. calder v. bull, 3 dall. 386; fletcher v. peck, 6 cranch 87; 33 u. s. 8 pet. 88; 36 u. s. 11 pet. 421. the same words are used in the constitutions of many of the states and in the opinions of their courts ..... of or strangers to the decedent, shall be subject to a tax of five percent." this court has no authority to revise the act of pennsylvania, upon any grounds of justice, policy, or consistency to its own constitution. these are concluded by the decision of the .....
Tag this Judgment!Court : US Supreme Court
..... upon the judges a power previously confined to the courts alone, namely the power to grant injunctions, and this subject to every limitation by which the circuit courts were controlled. but the interpretation of the act of 1793 now contended for, broad as it is, still is not wide enough to cover the proceeding which it is now ..... in law and equity arising under the constitution, the laws of the united states, and treaties &c.; all legislative powers are vested in congress. while these functionaries are limited to their appropriate duties as vested, there can be little or no conflict of jurisdiction. from the organization of the legislative power, it is unfitted for the discharge of ..... has been declared in repeated decisions by this court, as may be seen amongst other instances which might be adduced, in the cases of m'micken v. webb, 11 pet. 36; of toland v. sprague, 12 pet. 300; and of keary v. farmers' and mechanics' bank of memphis, 16 pet. 89. in the second of the cases just cited .....
Tag this Judgment!Court : US Supreme Court
..... the cession of georgia was made, congress asserted rights, in respect to a part of her territory, which require a passing notice. in 1798 and 1800, acts for the settlement of limits with georgia, and to establish a government in the mississippi territory, were adopted. a territorial government was organized between the chattahoochee and mississippi rivers. this was within ..... the cases of smith v. smith, 13 louisiana rep. 441, thomas v. generis, louisiana rep. 483, harry et al. v. decker and hopkins, walker's mississippi rep. 36. it was held that "slaves within the jurisdiction page 60 u. s. 562 of the northwestern territory became freemen by virtue of the ordinance of 1787, and can assert their ..... and status of the slave although he had never actually possessed the status of freedom in that domicil. rankin v. lydia, 2 a.k.m., herny v. decker, walk. 36, 4 mart. 385, 1 misso. 472, hunter v. fulcher, 1 leigh. i do not impugn the authority of these cases. no evidence is found in the record to .....
Tag this Judgment!Court : US Supreme Court
..... the national government shall extend to all cases of admiralty and maritime jurisdiction, and it is not competent for the states, by local legislation, to enlarge or limit or narrow it. in the exercise of this admiralty and maritime jurisdiction, the courts of the united states are exclusively governed by the legislation of congress, and ..... the absence thereof by the general principles of maritime law. the states have no right to prescribe the rules by which the courts of the united states shall act, nor the jurisprudence which they shall administer." the opinions of the state tribunals to which i have referred are certainly entitled to very high respect upon any ..... remaining at valparaiso. this was in may, 1851, and he remained there until march, 1852, carrying on and superintending those transactions. page 60 u. s. 36 during this period he engaged extensively in mercantile business, shipping cargoes by other vessels as well as the one by the laura and obtaining the means of purchasing them .....
Tag this Judgment!Court : US Supreme Court
..... estimated, as the period of exportation to the united states. but mr. secretary meredith, there years afterwards, in his circular of the 5th july, 1850, eight months before the act of the 3d march, 1851, was passed, observes, that the appraisers had been restrained in the discharge of their duties by the result of frequent appeals from their decisions. and ..... five hundred and twenty bales, the other one thousand five hundred and twenty, and a quantity of loose hemp; the first valued at $58,772.69, the second at $36,367.03, for each of which a separate bill of lading was taken. the plaintiffs entered them separately at the custom house, and they were separately appraised without any objection ..... june 30th, with bill of lading of the same date. the other invoice was for fifteen hundred and twenty-eight bales, and a quantity of loose hemp, amounting to $36,367.03; it was dated june 30, with bill of lading dated july 1. on sunday, july 2, the day that the captain of the telegraph refused to sail, .....
Tag this Judgment!Court : US Supreme Court
..... upon any dispute between them as to the trade and navigation of the ship engaged in maritime voyages, properly so called." ib. the jurisdiction of courts of admiralty is limited, in matters of contract, to those and to those only which are maritime. ib. an agreement by the master of a vessel to pay wages may be sued ..... a large sum due for freight, it would seem that some inquiry might reasonably be made into the conduct of the master in the various capacities in which he acted. and it is probable that, to settle the controversy, a procedure against the members of the lumber company may become necessary, to compel them to contribute respectively and ..... cognizable in the admiralty merely because the consideration of the contract is maritime. the whole contract must, in its essence, be maritime or for compensation for maritime service." in 36 u. s. 11 pet. 175, steamboat orleans v. phoebus, it was said the admiralty has no jurisdiction in matters of account between part owners. and further, "the .....
Tag this Judgment!Court : US Supreme Court
..... it, therefore, to the jurisdiction in admiralty, would be exercising this jurisdiction simply in the enforcement of the municipal laws of the state, as these laws, under the conceded limitation of the commercial power, regulate the subject as completely as congress does commerce page 62 u. s. 251 "with foreign nations, and among the several states." we are ..... in the case of peyroux v. howard & varion, 7 pet. 324, and afterwards partially corrected in the case of the steamboat new orleans v. phelbus, 11 pet. 175, 36 u. s. 184 . in this last case, the court refused to enforce a lien for the master's wages, though it had been given by the local laws of ..... of the state. that case occurred upon lake michigan, within waters upon which the jurisdiction of the court was regulated by the act of congress of 26 february, 1845, but the restriction of the jurisdiction by that act was regarded by the court as but declaratory of the law, and that it existed independently of that statute. the contract .....
Tag this Judgment!Court : US Supreme Court
..... , piers, slips," &c.; "and to authorize the construction of the same . . . and with a view to facilitate the construction of wharves and other improvements, the lands lying within the limits aforesaid (that is, of the corporation) between high tide and ship channel, are hereby granted and released to said town." it is admitted, if the authorities of the town of ..... by the legislature to corporations, whether public or private, that only such powers and rights can be exercised under them as are clearly comprehended within the words of the act or derived therefrom by necessary implication, regard being had to the objects of the grant. any ambiguity or doubt arising out of the terms used by the legislature must ..... the form used, no such intent appears or can be reached except by a very forced interpretation, which we are not at liberty to give, according to well settled authority. 36 u. s. 11 pet. 422; 49 u. s. 8 how. 569; mills v. st. clair co., 16 how. 57 u. s. 524 , 57 u. s. 534 ; fanning v. .....
Tag this Judgment!Court : US Supreme Court
..... of the other part, time was of the essence of the contract, and there could be no recovery on the written agreement without showing performance within the time limited, but added that a subsequent performance and acceptance by the defendant would authorize a recovery in a quantum meruit. this court now holds that the promise of ..... that after the date of the agreement, and before as well as after the day specified for the completion of the work, the defendant, by his conduct, acts, and declarations, waived and dispensed with performance at the day named in the written agreement and agreed to substitute therefor performance on the twentieth day of the same ..... was filed, it contained three special counts, drawn upon the written agreement, together with the common counts, as in actions of indebitatus assumpsit. page 63 u. s. 36 performance on the part of the plaintiff, and neglect and refusal on the part of the defendant to give the five notes specified in the agreement, after seasonable demand .....
Tag this Judgment!Court : US Supreme Court
..... without the privity of the owner, to an amount not exceeding the value of the vessel and freight. it has been suggested that our construction of the act may embrace within the limitation of the liability of the owners western lakes lying within a state, such as the cayuga, seneca, and the like. but the answer is that commerce ..... between ports and places in different states upon the lakes and navigable waters connecting the same. the defendants relied in their defense upon the act of congress, passed march 3, 1851, entitled "an act to limit the liability of ship owners, and for other purposes." the 1st section provides that no owner of any ship or vessel shall be liable ..... navigation of lake erie, and also of all the other lakes in connection therewith, is within the exception to this act as falling within the words "inland navigation." the question thus raised is page 65 u. s. 36 not without difficulty, as we have no clear or certain guide to lead us to the true meaning attached to these .....
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