Court : US Supreme Court
..... it is, in some sense true that the rights of donees under a will are vested at the death of the testator, and that the acts of administration which follow are conservatory means, directed by the state to ascertain those rights, and to accomplish an effective translation of the dominion of the decedent to the objects of his bounty, and ..... the validity of the act, as affecting successions to open after its enactment, is not contested, nor is the authority of the state to levy taxes upon personal property belonging to its citizens, but situated ..... " this court has no authority to revise the act of pennsylvania, upon any grounds of justice, policy, or ..... the tax was assessed upon the entire personal estate, without reference to its locality, by the court, and its judgment upon this subject was affirmed by the supreme court, to which it ..... william short, a citizen of pennsylvania, died within the state a few months previously to the passage of this act, leaving his property to friends and collateral relations, the principal of whom, the residuary legatees, reside beyond the ..... that a portion of the estate, consisting of securities, stocks, loans, and evidences of debt and property, was not within the ..... executor represented that a portion of the estate, consisting of securities, stocks, loans, and evidences of debt and property, was not within the commonwealth, and offered to pay the tax for the property within under the act of 1826, and denied the validity of the assessment under the act of 1850. .....
Tag this Judgment!Court : US Supreme Court
..... the land claimed must have been severed from the general domain of the king, by some grant which gives it locality by its terms, by reference to some description, or by a vague general grant, with an authority to locate afterwards by survey, making it definite; which grant or authority to locate must have been made before the treaty of cession -- that is, 24th january, 1818" the court ..... the 11th rule above cited declares that no right accrues to the colonist unless he occupies the land; and in the next place, the act of congress of march 3, 1851, by the authority of which we are acting, declares, 11, that the board of commissioners and the courts, deciding on california land claims, shall be governed by the decisions of the ..... thousand arpens of land in the gold region of california, to an assignee whose vendor claimed under the colonization laws of mexico, but who never was a colonist, who never did a single act under his contract to colonize, and who, it is admitted, could not have obtained a definite title from the political department of the territory of california, to-wit, from the departmental assembly ..... every person claiming lands in california, by virtue of any right or title derived from the spanish or mexican government, shall present the same to the commissioners, to be appointed under that act, when sitting as a board, together with such documentary evidence and testimony of witnesses as the said claimant relies upon in support of such claims; and it shall be the duty of .....
Tag this Judgment!Court : US Supreme Court
..... it seems to me this court should be satisfied that the claimant has received a title from the governor who was a legal representative of the mexican nation, and that no credit should attach to the acts of the usurpers who from time to time occasioned anarchy and civil war in that territory; that the grant should be, in spirit and effect, a colonization grant, in accordance with the mexican laws; that ..... preliminaries and investigations having been gone through with, as directed by the laws and regulations on the subject, exercising the authority in me vested in the name of the mexican nation, i have just granted to him the said land, subject ..... the grantee was the secretary of the territory and his services required at the seat of government, especially, as it appears that a civil disturbance had broken out between the political authorities and which continued down until possession was taken of the country by the united states in 1846 and 1847. ..... the grant was made 4th november, 1844, at a time when california was in the full possession of the mexican authorities and more than a year previous to any hostile entry of the forces of the united states, and more than three years before ..... " "[signed] manuel jimeno" "monterey, april the 21, 1846" and on the 3d june, the same year, that body acted upon the application of which we have the following record: "angeles, june 3, 1846" "account having been given in today's session to the excellent departmental assembly, with this instancy, it was .....
Tag this Judgment!Court : US Supreme Court
..... of every township of every state which might be added to the federal system, to the promotion "of good government and the happiness of mankind," by the spread of "religion, morality, and knowledge," and thus, by a uniformity of local association, to plant in the heart of every community the same sentiments of grateful reverence for the wisdom, forecast, and magnanimous statesmanship of those who framed the institutions for these new states, before the constitution ..... there was no renewal of the lease, for the double reason that its original validity was doubted by the highest executive authority, and those doubts were submitted to by the lessee, and because congress had passed the law for the disposal of the mineral lands, which determined the covenant for renewal, by the terms ..... was not, perhaps, necessary, and the application for it is but evidence of the strong desire of the state authorities to act in good faith and to keep within the pale of the law. ..... have been made to the state or to the inhabitants of the township for the use of schools, it has been usual for congress to authorize the sale of the lands if the state should desire it. ..... that by the above act, all the mineral lands reported by the geologist within the district in pursuance of this settled policy of the government were appropriated and disposed of without reference to the school reservation, the appropriation of the land being made before the surveys were executed and before the locality of section 16 could .....
Tag this Judgment!Court : US Supreme Court
..... , by which section it is declared that the district courts shall have original jurisdiction in all cases, civil and criminal, in which the jurisdiction is not specially delegated to some other court, and by the second section of the act of the assembly, approved on the 14th of july, 1851, expressly providing "that all bonds, writs, and processes which have remained in force shall be carried to a final decision in the courts established by the legislative assembly ..... " the inquiry regularly suggested by these provisions of the act of congress is not whether they invested the legislative assembly with authority to prescribe the subjects for the cognizance of the courts created by that act -- of this there can be no doubt -- but whether the authority delegated to that assembly has been in fact, and to what extent, exerted with reference to controversies previously in litigation in the courts of the provisional government and to subjects of controversy ..... some persons, whose names were not in the assignment, who had deposited with or loaned money without interest to the firm, were paid by the assignees, and the deed was not pursued in ..... the reasonableness of their interpretation by the supreme court and the district courts of the territory commends it to our approval, and its adoption conforms to the rule of this court by which it has followed the construction of local statutes established by the highest judicial authority of the community for whose government they are enacted. .....
Tag this Judgment!Court : US Supreme Court
..... the united states to this grantee will be fulfilled by the performance of the executive acts, which are devolved in the grant on the local authority and which are declared in the two conditions before cited. ..... record show that in 1842, the proprietors of adjacent ranches in the valley de los capitancillos larios and berreyesa had a dispute concerning the location of their line of separation, which was carried before the public authorities for settlement; that larios, after the adjustment of the controversy, represented to the governor that since 1836 he had occupied his place in the canada under a purchase from a former proprietor; that the records ..... general, nor the surveys or patents made in pursuance of them, shall preclude a legal investigation and decision, by the proper judicial tribunal, between parties having such interfering claims, and provision is made in the act of 3 march, 1851, for a contest of the right of the confirmee before the issue of the patent, but after the location and survey, and a patent under the ..... of the government of california is distinctly declared, and there is no rule of law to authorize us to depart from the grant to obtain evidence to contradict, vary, or limit its ..... in reference to interfering and conflicting claims, he is authorized to decide by adopting the lines agreed to by the claimants, and in the absence of an agreement, to follow the ..... will endeavor to give the reader an idea of the locality without a map, which it would be difficult to make .....
Tag this Judgment!Court : US Supreme Court
..... the governor shall obtain the necessary information whether the petition embraces the requisite conditions required by the law as to the person and land, and, if necessary, that the municipal authorities might be consulted whether there be an objection to making the grant or not; that the grants made to private families or persons shall not be held to be definitely valid without the ..... show that they have been disposed to interpret liberally the measures of the mexican authorities in california, and to view with indulgence the acts and modes of dealing of the inhabitants, having reference to the laws of distribution ..... consult with subordinate authorities and corporations in all business in which exact information is required of local facts and circumstances, and he is bound to hear the suggestions of the deputations and provincial assemblies when the law requires it -- a rigorous condition, a compliance with which should appear in the recitals of the disposing part, and the inserting of the customary formulas, that the act may not be ..... united states which authorizes us to pronounce a sentence of forfeiture for any act or omission since the ..... and copies are given as authentic acts -- that is, acts which have a certain and accredited author, and merit confidence. ..... acts thus preserved are public instruments, and all doubts that arise upon the copies that may be delivered are resolved by a reference to the protocol from which the copies are taken, and without which they have no authority .....
Tag this Judgment!Court : US Supreme Court
..... court of the united states for the northern district of ohio syllabus the statutes of ohio give to the local authorities of cities and incorporated villages power to make various improvements in streets &c. ..... cost and expenses of the improvement on the lots or lands made liable by law to pay the same and make out and deliver to the contractors a certified copy of said assessments and authorize them or assigns to collect the several amounts due and payable for the work and improvement. ..... we think the statute of the state, and the municipal corporation of toledo, authorize the assessment of the sums on the lots in question, and that the judgment in the ..... 203, the court said "the state legislatures certainly have no authority to prescribe the forms and modes of proceeding in the courts of the united states, but having created a right, and at the same time prescribed the remedy to enforce it, if the remedy ..... by the 34th section of the judiciary act of 1789 it is declared, "that the laws of the several states, except where the constitution, treaties, or statutes of the united states shall require or provide, shall be regarded as rules of decision in trials at common law ..... by the act of march 11, 1853, swan's statutes ohio, it is provided "that the city council shall have power to lay off, open, widen, straighten, extend, and establish, to improve, keep in order, and repair, and ..... to the practice of our courts, but it constitutes a rule of property on which the courts are bound to act. .....
Tag this Judgment!Court : US Supreme Court
..... common council of any city which had contracted such obligations or liabilities upon the supposition that they were authorized so to do under the provisions of the former act might, "at any time after the passage of this act, ratify and affirm such subscription;" and upon such ratification it was expressly enacted, that "such subscription, and the obligation and liabilities, and the corporate bonds or obligations ..... court of the united states for the district of indiana syllabus the common council of the city of jeffersonville, in indiana, had authority to subscribe for stock in a railroad company and to issue bonds for such subscription upon the petition of three-fourths of the ..... the board unanimously resolved to ratify and confirm the contract with the railroad company, and subsequently issued the bonds, reciting in each that it was issued by authority of the common council of the city, "three-fourths of the legal voters of the city having petitioned for the same as required by the charter. ..... the city, and praying that the board to which it was addressed would subscribe stock in the railroad to the amount of two hundred thousand dollars, and contract a loan for an equal amount, through the issue of city bonds, for the payment of the subscription. ..... municipal corporations are created by the authority of the legislature, and chancellor kent says they are invested with subordinate legislative powers, to be exercised for local purposes connected with the public good, and such powers are .....
Tag this Judgment!Court : US Supreme Court
..... unquestionably the claims of morality and justice, as well as the legitimate interests of creditors, require there should be protection against those acts of an insolvent or dishonest debtor that are contrary to the prescriptions of law, and are unfaithful and injurious. ..... the authorities are clear that chancery will not interfere to prevent an insolvent debtor from alienating his property to avoid an existing or prospective debt, even when there is a suit pending to establish it. ..... the authorities examined to show that this cannot be done. ..... the most that can be said is that he intended to attach the property, and the wrongful act of the defendant has prevented him from executing this intention. . . . ..... right to interfere with their use or disposition -- none unless there be a right conferred by the law upon a creditor to prevent the accomplishment of fraud by his debtor and to pursue him and others assisting him for a revocation of acts done to hinder, delay, or defraud him in the collection of his demand. ..... right to interfere with their use or disposition; none unless there be a right conferred by the law upon a creditor to prevent the accomplishment of fraud by his debtor, and to pursue him, and others assisting him, for a revocation of acts done to hinder, delay, or defraud him, in the collection of his demands. ..... 285, it was determined, that when the act complained of is not unlawful per se, the characterizing it as malicious and wrongful will not be sufficient to sustain the action .....
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