Court : US Supreme Court
..... by presumptive proofs. in reason and justice, there does not seem any solid ground why a corporation may not, in case of the omission of its officers to preserve a written record, give such proofs to support its rights as would be page 25 u. s. 75 admissible in suits against it to support adverse rights. the ..... agencies is generally conducted. there may be, and undoubtedly there is, some convenience in the preservation of minutes of proceedings by agents, but their subsequent acts are often just as irresistible proof of the existence of prior page 25 u. s. 83 dependent acts and votes as if minutes were produced. if a board of directors were created to erect ..... by the legislature." "an individual," the court added, "has an original capacity to contract and bind himself in such manner as he pleases. . . . he who acts by another acts by himself. he who authorizes another to make a writing for him makes it himself, but with these bodies, which have only a legal existence, it is otherwise. the .....
Tag this Judgment!Court : US Supreme Court
..... do a great principle lying at the foundation of all legal inquiries into matters of fact -- lying indeed at the foundation of civil society itself -- the preservation, in its fullest scope and integrity, unaffected and even unapproached by improper influences, direct or indirect, of the venerable, the sacred, the unappreciable trial by jury ..... and severally responsible; then was any act done by the plaintiff which waived the liability or by which he resumed the ownership and possession of the goods? certainly the abandonment of the goods to ..... an unlawful taking, the liability immediately attached, and the page 54 u. s. 141 question was whether that liability had been discharged or released by any subsequent act of the plaintiff; colonel mitchell, who executed the order, was not alone responsible, colonel doniphan, who gave the order, was also liable; they were jointly .....
Tag this Judgment!Court : US Supreme Court
..... napoleon was adequate to the introduction of the ordinance and the code. but the question arises here -- and it is one of grave import to those who desire to preserve the constitution of the union inviolate, and the limits it prescribes to the judicial power of the federal government, and the lines of division among the federal courts undisturbed -- ..... -- if it existed in favor of the vessel when sacrifice was made of part or the whole of its value, for preservation of the cargo, and not against the vessel when sacrifice was made of the cargo for preservation of the vessel. by the ancient admiralty law, the master could bind both the ship and cargo by an express hypothecation ..... lost by a jettison, coke, lord ch.j., cited a case which had been decided, and said in respect to it, "we all did resolve that, this being the act of god, this sudden storm, which occasioned the throwing over of the goods, and which could not be avoided, and for this reason the plaintiff recovered nothing." mouse's .....
Tag this Judgment!Court : US Supreme Court
..... the united states." consequently, the power to make rules and regulations, from the nature of the subject, is restricted to such administrative and conservatory acts as are needful for the preservation of the public domain and its preparation for sale or disposition. the system of land surveys, the reservations for schools, internal improvements, military sites, ..... be seen to scowl upon the justice, the order, the tranquillity, and fraternal feeling which are the surest, nay, the only, means of promoting or preserving the happiness and prosperity of the nation, and which were the great and efficient incentives to the formation of this government. the power of congress to impose ..... . parliament in the time of richard ii, and also of henry viii, refused to adopt a general law of emancipation. acts of emancipation by the last-named monarch and by elizabeth are preserved. the african slave trade had been carried on, under the unbounded protection of the crown, for near two centuries when the .....
Tag this Judgment!Court : US Supreme Court
..... the americans." "this unfortunate irregularity cannot be easily repaired, and serious objections might be made even to the legality of our new act of possession." "i need scarcely remind you of the importance of preserving profound secrecy in all these matters, and in case you do not accept my offer, i hope you will not fail to send ..... me your power to act for you in any arrangement i may make." "i send you three vols. of the mechanic and engineers' ..... was more guarded, but the writer recommends that his correspondent and agent should proceed, without fear of disapproval, or waiting for instructions, in taking such measures as shall preserve this valuable "negotiacion" from any risk from those unprincipled claimants who have lately given him so much trouble, or from any other proceedings that may take place. 5 .....
Tag this Judgment!Court : US Supreme Court
..... their very nature are incapable of seizure as other property. this species of property does not require to be left in charge of any person for its security and preservation, and it is evidenced by certificates which are presumptively in the possession of the owner of the stock, wherever he may be. how then can it be said ..... , to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes' shall be so construed as not to apply to any act or acts done prior to the passage thereof; nor to include any member of a state legislature or judge of any state court who has not, in accepting or entering ..... evidently, to the preliminary seizure. the marshal returned that he had seized and held the property, referring, as i understand it, to such preliminary seizure. but further, the act of congress declares that the proceedings for the condemnation of the property seized shall conform, as nearly as may be, to proceedings in admiralty or revenue cases. here the .....
Tag this Judgment!Court : US Supreme Court
..... compensation. extreme cases of the kind may doubtless arise, as where the property taken is imperatively necessary in time of war to construct defenses for the preservation of a military post at the moment of an impending attack by the enemy, or to supply food or clothing to a suffering or famishing army destitute ..... army when in the insurgent states. the officers or soldiers of neither army could be called to account civilly or criminally in those tribunals for such acts, whether those acts resulted in the destruction of property or the destruction of life; nor could they be required by those tribunals to explain or justify their conduct ..... but, to justify the taking without the consent of the owner, the necessity must be apparent, leaving no available alternative. four months before the marauding expedition, acting under the verbal and secret orders of the defendant, entered the plantation and dwelling house of the plaintiff during his temporary absence and seized the goods and chattels .....
Tag this Judgment!Court : US Supreme Court
..... multitude. and the limitations imposed by our constitutional law upon the action of the governments, both state and national, are essential to the preservation of public and private rights, notwithstanding the representative character of our political institutions. the enforcement of these limitations by judicial process is the device ..... rights, liberties and immunities of british subjects that the colonists, in almost all the early legislation of their respective assemblies, insisted upon a declaratory act acknowledging and confirming them." 1 story const. 165. in his speech in the house of lords on the doctrine of taxation without representation, lord ..... the protection of the general rules which govern society," and thus excluding, as not due process of law, acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly transferring one man's estate to another, legislative judgments and decrees, and other similar special, partial and .....
Tag this Judgment!Court : US Supreme Court
..... their chosen representatives. they have nothing to do with the mere policy of legislation. indeed, it is a fundamental principle in our institutions, indispensable to the preservation of public liberty, that one of the separate departments of government shall not usurp powers committed by the constitution to another department. and so if, in ..... distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed and if acts prohibited and acts allowed are of equal obligation." the courts are not bound by mere forms, nor are they to be misled by mere pretenses. they are at ..... if it thinks proper." mr. justice mclean, among other things, said: "a state regulates its domestic commerce, contracts, the transmission of estates, real and personal, and acts upon internal matters which relate to its moral and political welfare. over these subjects, the federal government has no power. . . . the acknowledged police power of a .....
Tag this Judgment!Court : US Supreme Court
..... imposing legislative assembly in the world, and which has secured vigor to the practical operations of the government, and at the same time tended largely to preserve the equilibrium of its various powers among its coordinate departments, as partitioned by that instrument. and that clause alone conclusively refutes the assertion of the ..... them with that authority. the constitution does not, of its own force, give to national courts jurisdiction of the several cases which it enumerates; but an act of congress is essential, first, to create courts, and afterwards to apportion the jurisdiction among them. the exceptions are of those few cases of which the ..... chevalier hulseman, representing the austrian government, and the restoration of kozsta to freedom. we are asked upon what express statute of congress then existing can this act of the government be justified? we answer that such action of the government was justified because it pertained to the foreign relations of the united states, in .....
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