Court : US Supreme Court
..... than forty years that an express averment of citizenship is necessary to enable a citizen of one state to sue in the federal court of another; that it is a special privilege conferred by the constitution and the judiciary act, to which the plaintiff must show his right by the record; that the averment must be positive, and not in the alternative; that it must be in the body of the bill, and does not suffice that ..... surrender and cancel all and every writing or other document in relation to said property that might give to him any equity of redemption or other right to the said promises, it being in said act expressly stated that it was the true intent and meaning of the parties that in the case of failure of payment as aforesaid, said lots, with all the buildings and appurtenances to the same ..... the bearing which the instruction moved for has upon the cause, it is necessary to remark that the state of ohio was not admitted into the union till 1802, so that the process act of 1792, which is expressly confined in its operation to the day of its passage, in adopting the practice of the state courts into the courts of the united states, could have ..... been intended by the parties, he says, the negotiation for the sale of the lots began between fort and nathan morse (the latter of whom he states as having acted for the complainant), and that one of them informed him that the complainant wished to raise money on mortgage; that he peremptorily refused to advance any money to the complainant .....
Tag this Judgment!Court : US Supreme Court
..... foreign ports into the united states were not to be permitted to land any part of their cargoes in any other than in a port of delivery, confined then to the ports mentioned in the act, afterward applicable to all other places which might be made ports of entry and delivery, and excluding all right to unlade in any part of the united states which had not been made a ..... the money collected has been faithfully accounted for, and the unspent residue of it received into the treasury of the united states; and that the congress has by two acts adopted and ratified all the acts of the government established in california upon the conquest of that territory relative to the collection of imposts and tonnage from the commencement of the late war with mexico ..... shall find that on the 23d february, 1849, the plaintiffs made their written protest against all exactions that then were or thereafter should be made by said defendant, as unauthorized by any act of congress and illegal, and that moneys then and thenceforward were demanded as alleged duties to the united states by said defendant, and were paid under coercion of military power and duress, ..... from the 3d day of february, 1848, the date of the treaty of peace and limits with the republic of mexico, and the 3d of march, 1849, the date of the act of congress which erected the state of california into a collection district of the united states, no duties accrue to the united states on merchandise not the production of the united states nor .....
Tag this Judgment!Court : US Supreme Court
..... ohio and the said defendant, and on that account repugnant to the constitution of the united states, and void, but the court here held and decided:" "1st, that the sixtieth section of said act of february 24, 1845, to incorporate the state bank of ohio, and other banking companies, contains no pledge or contract on the part of the state not to alter or change the mode or amount ..... claimed that, by virtue of the operation of said act last mentioned, the state of ohio had entered into a binding contract and obligation, whereby the state of ohio had agreed and bound herself not to impose any tax upon the ..... the opinion he says, "whatever respect might have been felt for the state sovereignties, it is not to be disguised that the framers of the constitution viewed, with some apprehension, the violent acts which might grow out of the feelings of the moment, and that the people of the united states, in adopting that instrument, have manifested a determination to shield themselves and their property from ..... other banking companies,' enacted by the general assembly of the state of ohio, february 24, 1845, a certified copy of which is filed as an exhibit in this cause, marked 'b,' under which act the defendants organized, and became and was a branch of the state bank of ohio, exercising the franchises of such bank prior to and ever since the year 1847, and that the defendant .....
Tag this Judgment!Court : US Supreme Court
..... it is said that the statute of iowa may be fairly construed as coming within the clause of the ninth section of the act of 1789, which "saves to suitors, in all cases, the right of a common law remedy where the common law is competent ..... consideration -- certainly without anything like the cogent argument and ample illustration which the subject has since received here -- the court declared that no act of congress had conferred admiralty jurisdiction in cases arising above the ebb and flow of the tide. ..... the grant of admiralty powers to the district courts of the united states by the ninth section of the act of september 24, 1789, is coextensive with this grant in the constitution as to the character of the waters over ..... the observation is made in the opinion of the supreme court of iowa in reference to the provision of the act of 1845, which that court supposed to confer jurisdiction on the federal courts in the present case, if it had such ..... to the conclusion that the state courts of iowa acted without 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 ..... the main point ruled in that case is that the jurisdiction conferred by the act of 1789 on the district courts in civil causes of admiralty and maritime jurisdiction is exclusive by its express terms, and that this exclusion extends to .....
Tag this Judgment!Court : US Supreme Court
..... , 1870: [ footnote 7 ] " provided, that no pardon or amnesty granted by the president, whether general or special, by proclamation or otherwise, nor any acceptance of such pardon or amnesty, nor oath taken, or other act performed in pursuance or as a condition thereof shall be admissible in evidence on the part of any claimant in the court of claims as evidence in support of any claim against the united states, or to establish the standing ..... of any claimant in said court, or his right to bring or maintain suit therein; nor shall any such pardon, amnesty, acceptance, oath, or other act as aforesaid, heretofore offered or put in evidence on behalf of any claimant in said court, be used or considered by said court, or by the appellate court on appeal from said court, in deciding upon ..... of the united states to any person bringing suit in the court of claims for the proceeds of abandoned or captured property under the said act, approved 12th march, 1863, and the acts amendatory of the same, and such pardon shall recite in substance that such person took part in the late rebellion against the government of the ..... the proclamation of pardon and amnesty by the president was repealed on the 21st of january, 1867, but this was after the close of the war, when the act had ceased to be important as an expression of the legislative disposition to carry into effect the clemency of the executive, and after the decision of this court that .....
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..... granted in 1833, and amended in 1835, was surrendered by the union and consolidation of the company under the act of 1872 with the macon & western railroad company; that the company is now existing under a charter granted by the latter act, a charter which is subject to repeal or modification at the will of the legislature, and therefore that the act of 1874, which imposes a more onerous tax than one-half of one percent on the net income is a ..... our opinion, therefore, is that the charter granted to the central railroad & banking company of georgia by the act of 1835 was not surrendered by its action under the later act of 1872; that it still has all the rights that were originally conferred upon it, holding them under the charter originally granted to it, and consequently that it is not in the power of the legislature to impose upon it a ..... it must have referred, therefore, to the old central railroad & banking company, in existence when the act was passed, and that was the company the amount of whose stock was to be limited after the union had taken ..... 172, where three corporations had consolidated under an act of the legislature authorizing them to merge and consolidate their stock "and make one joint company," it was said that the effect of the act and the terms of consolidation under it was a dissolution of the three corporations, and at the same instant the creation of a new corporation with property, liabilities, and stockholders derived from those then passing out of .....
Tag this Judgment!Court : US Supreme Court
..... purpose of improving its route and accommodating the country, may relocate any portion of its road south of the town of thayer within the limits of its grant as prescribed by the act of congress entitled 'an act for a grant of lands to the state of kansas, in alternate sections, to aid in the construction of certain railroads and telegraphs in said state,' approved march third, eighteen ..... for the purpose of aiding in any object of internal improvement or for any other purpose whatsoever be, and the same are hereby, reserved to the united states from the operation of this act except so far as it may be found necessary to locate the routes of said road and branches through such reserved lands, in which case the right of way only shall be granted, ..... , for the purpose of aiding in any object of internal improvement or for any other purpose whatsoever be and the same are hereby reserved to the united states from the operation of this act, except so far as it may be found necessary to locate the routes of said road and branches through such reserved lands, in which case the right of way only shall be granted ..... surveyed and sold under the direction of the secretary of the interior on the most advantageous terms, for cash, as public lands are surveyed and sold under existing laws [including any act granting lands to the state of kansas, in aid of the construction of a railroad through said lands], but no preemption claim or homestead settlement shall be recognized, and after reimbursing .....
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..... with states are as fully protected by that constitution as are those between individuals, and that a state can no more impair an existing contract by constitutional provision than by a legislative act; in vain have the circuit courts of the united states been invested with jurisdiction of all suits arising under the constitution and laws of the united states; in vain does that ..... money was voted not to named officers to be by them applied to a designated purpose, but as "a supply to the crown;" that the officers who distributed it for the purposes named acted as servants of the crown, not as servants of parliament; that a suit against those officers was therefore one against the sovereign, whom, said chief justice cockburn, the court of queen's ..... and to be collected, as to enable the state therewith to defray the expenses of the state government or to accomplish any purpose or purposes other than those prescribed in the aforesaid funding act, and constitutional amendment of 1874; that the defendants, and each of them, may be adjudged and decreed to replace and reinstate to the credit of said interest fund any moneys or ..... personal property in the state should be levied and collected, and the income therefrom applied solely to the payment of the bonds and coupons; that the tax levied by the act and confirmed by the constitution should be a continuing annual tax until the bonds, principal and interest, were paid in full, that the appropriation of the revenue derived therefrom .....
Tag this Judgment!Court : US Supreme Court
..... constitution of the united states, commanded the treasurer of each county to levy on and sell the property of each taxpayer who has tendered coupons in payment of his taxes, and said acts also command said treasurers to return the real property of such taxpayers delinquent where no personal property can be found to be seized and sold, and your orators charge therefore that unless said ..... is about to report to each commonwealth's attorney the name of every taxpayer who has tendered coupons, and each commonwealth's attorney is going at once to institute the suits provided for by said act of may 12, 1887, against persons holding coupons bought from your orators, as well as against all others, and they are informed and believe, and so charge, that in every case ..... of all taxes, debts, and demands due to her, of which large numbers, amounting to many millions of dollars, had been in fact issued; that said coupons, issued under both of said acts, are payable to bearer, and both as a contract to pay interest and as a contract that they shall be received in payment of taxes, are negotiable instruments, free in the hands of any ..... in the subject matter of the suit and defending only as representing the state, and the relief prayed for is a decree that the defendants may be ordered to do and perform certain acts which, when done, will constitute a performance of an alleged contract of the state, it is a suit against the state for the specific performance of the contract within the terms of the .....
Tag this Judgment!Court : US Supreme Court
..... preemption or homestead settlement had attached to the same, then the right was given to select other lands, and it provided that any and all lands theretofore reserved to the united states by the acts of congress, or in any other manner by competent authority, for the purpose of aiding in any object of internal improvement or for any other purpose whatever, "be, and the same are hereby ..... could be shown as a defense to the patent that the entries on which it was granted were never made, and that the warrants were forgeries, in which case no right accrued under the act of 1777, and, no purchase of the land having been made from the state, the grant was void by the express words of the law, and that in rejecting the testimony of ..... which they purported to convey had never been within their control or had been withdrawn from that control at the time they undertook to exercise such authority, then their act was void -- void for want of power in them to act on the subject matter of the patent -- not merely voidable; in which latter case, if the circumstances justified such a decree, a direct proceeding, with proper averments ..... these questions are directly submitted to them, yet if they undertake to grant preemptions in land in which the law declares that they shall not be granted, then they are acting upon a subject matter clearly not within their jurisdiction -- as much so as if a court whose jurisdiction was declared not to extend beyond a given sum should attempt to take cognizance of a .....
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