Court : US Supreme Court
..... on the part of the plaintiff in error it has been contended that a corporation composed of citizens of other states are entitled to the benefit of that provision in the constitution of the united states which declares that "the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states;" that the court should look behind the act of incorporation and see who are the members of it, and if in this case it should appear that the corporation of the bank of augusta ..... consists altogether of citizens of the state of georgia, that such citizens are entitled to the privileges and ..... and to remove all doubt upon the question whether the power thus conferred was exclusive or concurrent, the states are by the tenth section of the first article of the constitution expressly prohibited from entering into any treaty, alliance, or confederation, and without the consent of congress from entering into any agreement or compact with another state or with a foreign power. .....
Tag this Judgment!Court : US Supreme Court
..... on account of the liverpool house, as agents or partners thereof, or the liverpool house had entered into engagements prior to the advance, to become responsible for the reimbursement thereof to the new york house, in the manner stated in the evidence, and although the plaintiff was, before the writing of the letters, actually insolvent, and had failed in business, and that fact was known to the defendants. ..... the case was removed under the provisions of the judiciary act of 1789 to the circuit court of the united states for the district of georgia, the defendants below not being citizens of the state of georgia and not residing in that state. ..... accordingly, the new york house, on 12 march, 1833, addressed a letter to the liverpool house in which they state: "we enclose a bill of lading for two hundred bales of cotton, shipped by mcloskey, hagar & company, of mobile, per ship mary and harriet, on account of ..... ) 479 error to the circuit court of the united states for the district of georgia syllabus an action was instituted against the consignees of two hundred bales of cotton, shipped by the direction of the owner to liverpool, on which the owner had received an advance by an acceptance of his bills ..... in the inferior court of richmond county in the state of georgia, thomas mcgran, the defendant, instituted a suit by attachment against the plaintiffs in error to recover damages for the sale of two hundred bales of cotton shipped by him to the plaintiffs in error as his factors, the .....
Tag this Judgment!Court : US Supreme Court
..... " "ordered that whenever either party shall except to any opinion given by the court, the exception shall be stated to the court before the bailiff to the jury is sworn, and the bill of exceptions afterwards drawn out in writing, and presented to the court during the term at which it is reserved, otherwise it will not be sealed ..... of getting the property down to the seaboard from the interior and of shipping it, and that he had incurred large debts on account of it, and, finally william turner has not, so far as appears, repudiated his act in drawing, and the defendants now claim the benefit of a consignment, on the faith of which the draft in question was accepted. ..... came on to be heard on the transcript of the record from the circuit court of the united states for the district of maryland, and was argued by counsel. ..... when the defendants were not present, they are stated to have been merely a repetition of his former ..... ) 14 error to the circuit court of the united states for the district of maryland syllabus a bond, with sureties, was executed for the purpose of securing the repayment of certain money advanced for putting up ..... nor do we think these two states of fact present such inconsistent grounds as ought not to have been submitted ..... it is a sufficient answer to this objection to state what the record shows that in the course of the trial the plaintiff, having put in evidence drafts corresponding with those mentioned in the bond amounting to $12,000, the defendants admitted their .....
Tag this Judgment!Court : US Supreme Court
..... acknowledged laws and authority of that government which should have controlled those decisions and the subjects to which they relate, are subversive alike of justice and of the rights and the policy of the united states in the distribution and seating of the public lands -- of the welfare of the people of, california, by inciting and pampering a corrupt and grasping spirit of speculation and monopoly -- subversive likewise ..... at the times at which the claims now sanctioned by this court came into being and from a period anterior to the origin of those claims down to the transfer of the country to the united states, there existed laws and regulations enacted by the mexican government with respect to the granting of lands within the republic, prescribing the modes in which and the agents by whom all grants should ..... , no claim whatsoever, to favor on the part of the grasping and unscrupulous speculator and monopolist; no propriety in retarding for his advantage or profit the settlement and population of new states by excluding therefrom the honest citizen of small means by whose presence and industry the improvement and wealth, and social and moral health and advancement of the country are always sure ..... . in conformity with the 4th section of that act, it requires grants to empresarios to have the sanction of the supreme government, while those made to individuals or families ..... every canon of construction to apply the provisions made for them to the page 59 ..... castro, senior member (vocal .....
Tag this Judgment!Court : US Supreme Court
..... the united states:" "pacificus ord, late attorney of the united states for the southern district of california, being duly sworn, says that at the june term, 1857, of the district court of the united states for the southern district of california, held at monterey, isaac hartman represented that he was a member of the law firm of sloan & hartman, authorized and retained as counsel for vicente p ..... affiant further says that shortly thereafter, the court being then in session, the said hartman, acting as counsel for said claimant, presented the said case to the court by reading the petition for review, and the other papers and transcript in the case to the court, for the appellant ..... that affiant, being thus left to act in the matter as best he might, did act with the most scrupulous good faith, and to the best of his ability, for the united states, in all such cases. ..... that after so doing, this affiant, acting for the united states, admitted in open court, that in his opinion the claim was a valid one and that, in accordance with the rulings of the court in previous cases, page 64 u. s ..... ord, in raising a violent presumption, from the manner in which they acted in the cause, that there was a concert between them to reverse the decision of the commissioners and to obtain a decree in the district court for the ..... kewen, acting for the united states, at the request of affiant, district attorney as aforesaid, asked for and obtained, as affiant was afterwards informed, the said order in said .....
Tag this Judgment!Court : US Supreme Court
..... was pending, or from the lapse of time ever could be taken, and that the district attorney had no power to certify copies under the act of congress except there was one, and that his certificate would be null, accordingly -- declared that procuring copies on behalf of the united states in such a case was a fraud on the government, and not to be tolerated, and that "in this case as in most litigations which ..... been made, the affidavits showing the refusal of the clerk to furnish a copy, would have been met by counter affidavits, showing that the appeal had been vacated; and in that state of the case it would have been difficult for the court to have decided what was right and proper between the parties, without the opportunity of inspecting the record. ..... at the same term, on the 25th august, 1862, on motion in open court -- no citation having been issued -- an appeal was allowed the united states "from the decision and decree of this court confirming the claim of the claimant herein, " and on the 6th october following, the district attorney, reciting that the claimant was " ..... might have had an adequate remedy in a motion to this court for a mandamus, still it is clear that they had a right, under the circumstances of this case, to invoke the benefit of the special provision in the act of congress referred to as a cumulative means of securing their rights. ..... , sitting), "that all proceedings heretofore had in the cause be set aside, and the cause be put on the calendar, and set for trial .....
Tag this Judgment!Court : US Supreme Court
..... other privileges in the market places as are necessary and convenient to the prosecution of the business; that the respondents, though they must well know that the act is in violation of the constitution of the united states, openly declare that it is their intention to executed its provisions and to compel the complainants to abandon the objects of their incorporation, and to destroy the value of their investments, and render it necessary for them ..... or continuing to maintain other landings and slaughtering houses, in opposition to those of the chartered company, that company filed petitions in certain of the district courts of the state asserting their right to the monopoly conferred by the act, and obtained preliminary injunctions against these different parties and associations prohibiting the use of the landings and the exercise of the business of slaughtering as infringing upon the exclusive right ..... of error were seasonably sued out and that they operate in each case as a supersedeas and stay execution, as provided in the twenty-third section of the judiciary act, still the court is of the opinion that the several motions under consideration must be denied upon other grounds, and for reasons which are entirely ..... association of new orleans, and it was ordered, adjudged, and decreed in that case that there by judgment in favor of the petitioners, and that the corporation respondents, their president and members, be forever enjoined and prohibited, as prayed in the petition. .....
Tag this Judgment!Court : US Supreme Court
..... the same had since been rejected by the decree of the supreme court reversing the decree of the district court confirming the claim, and prayed that he, by virtue of the provision contained in the seventh section of that act, might be allowed to purchase the same of the united states, supporting his alleged right to do so by the following representations: the land embraced in the claim was a mexican grant; that he purchased it of the original donee ..... the unanimous decision of this court, it was quite proper that the secretary should require satisfactory proof that the case as presented came within the terms of the act of congress relied on before consenting to give the claimant the benefit of its provision, and when it appeared that he petition addressed to him was deficient in allegation and that the proofs were insufficient in all particulars except perhaps one, he was ..... and for a valuable consideration, where such grants have subsequently been rejected or where the lands so purchased have been excluded from the final survey of the grant, may be purchased of the united states by such prior purchasers, after the same are surveyed under existing laws, at the minimum price established by law, in cases where there is no valid adverse private right or title, and where ..... , ordered, on the 7th of december, a rule to issue commanding him to show cause, on the 3d monday of january, 1869, before the court sitting in general term, why the writ of mandamus prayed for should not issue. .....
Tag this Judgment!Court : US Supreme Court
..... litchfield field his bill in the court below against richards, register, and pomeroy, receiver of the united states land office at fort dodge, iowa, asking an injunction to restrain them from entertaining and acting upon applications made to them to prove preemptions to certain lands which lay within the land district for which they were respectively register and receiver. ..... the bill, which was very full, recited the various acts of congress and of the state of iowa, by which the complainant maintained that a large list of tracts of land, supposed to belong to an original grant to the territory of iowa for the purpose of improving the navigation of the des moines river, became his property. ..... 578 of the departments and the acts of congress, and the claim of the plaintiff under them, took these lands out of the category of lands subject to sale and preemption, and he asks the court to interfere by injunction to prevent them from determining that ..... the doctrine just stated was announced as the result of that examination. ..... has it been granted by any act of congress, or has it been sold already? .....
Tag this Judgment!Court : US Supreme Court
..... . but this was not said as a qualification of the specific instructions previously given, and the jury must have understood that if they found the facts as stated by the court, they must charge the defendant with all the loss which accrued after his failure to answer the plaintiffs' letter ..... course of business between merchants and their correspondents, it is understood to be the duty of one party receiving a letter from the other to answer the same within a reasonable time, and if he does not, it is presumed he admits the propriety of the acts of his correspondent, and confirms and adopts them ..... . of this second letter feild took no notice; stating in his testimony on the trial that he had omitted to do so for the same reason that he had omitted to take notice of the first one ..... control their right to sell at such a time as in the exercise of a sound discretion, and in accordance with the usage of trade, they may deem best to secure indemnity to themselves and to promote the interests of the consignor, they acting, of course, in good faith and with reasonable skill. 3. ..... . they excused themselves by saying that they had only been acting for my interest, which excuse i accepted ..... . i had but one wish," he continued, "and that was to act in a manner which would be satisfactory to mr ..... . of course they must act in good faith and with reasonable skill ..... . he could not, therefore, hold his factors responsible for the consequences of acts which he had ratified. mr .....
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