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Kennard Vs. Louisiana Ex Rel. Morgan

Court : US Supreme Court

..... the courts below, having jurisdiction of the case and the parties, have followed the law, but whether the law, if followed, would have furnished kennard the protection guaranteed by the constitution. irregularities and mere errors in the proceedings can only be corrected in the state courts. our authority does not extend beyond an examination of ..... did not, through her judiciary, violate that clause of the fourteenth amendment to the constitution of the united states which declares, "nor shall any state deprive any person of life, liberty, or property, without due process of law." on the 3d of december, 1872, john h. kennard was, during a recess of the senate of louisiana, ..... v. louisiana ex rel. morgan 92 u.s. 480 error to the supreme court of the state of louisiana syllabus the state of louisiana passed an act entitled "an act to regulate proceedings in contestations between persons claiming a judicial office." sec. 1 provided that "in any case in which a person may have been appointed to .....

United States Vs. Cruikshank

Court : US Supreme Court

..... not be infringed by congress, and has no other effect than to restrict the powers of the national government. 7. sovereignty, for the protection of the rights of life and personal liberty within the respective states, rests alone with the states. 8. the fourteenth amendment prohibits a state from depriving any person of ..... the power of the national government is limited to the enforcement of this guaranty. no question arises under the civil rights act of april 9, 1866 (14 stat. 27), which is intended for the protection of citizens of the united states in the enjoyment of certain rights, without discrimination on account of race, color, or ..... . 560 power is vested in congress to enforce by appropriate legislation the prohibition contained in the fourteenth amendment of the constitution, and the fifth section of the enforcement act provides to the effect that persons who prevent, hinder, control, or intimidate, or who attempt to prevent, hinder, control, or intimidate, any person to whom .....

United States Vs. Reese

Court : US Supreme Court

..... political rights possessed by the white inhabitants of the state. it was believed that the newly enfranchised people could be most effectually secured in the protection of their rights of life, liberty, and the pursuit of happiness by giving to them that greatest of rights among freemen -- the ballot. hence the fifteenth amendment ..... had just been adopted, the object of which was to secure to a lately enslaved population protection against violations of their right to vote on account of their color or previous condition. the act is entitled "an act to enforce the right of citizens of the united states to vote in the several states of ..... citizen to vote on account of race, color, or previous condition of servitude. every discrimination on that account is forbidden by the fifteenth amendment, and the first section of the act under consideration provides, as before remarked, that "all citizens, otherwise qualified to vote, . . . shall be entitled and allowed to vote, . . . without distinction .....

Matthews Vs. Mcstea

Court : US Supreme Court

..... he announced the blockade. even then, the war was only inferentially recognized, and the measures proposed were avowed to be "with a view to . . . the protection of the public peace and the lives and property of quiet and orderly citizens pursuing their lawful occupations, until congress shall have assembled." the reference here was plainly to ..... insurrection and the inhabitants thereof, with certain exceptions, and the citizens of other states and other parts of the united states, was unlawful. both the act and the proclamation exhibit a clear implication that before the first was enacted and the second was issued, commercial intercourse was not unlawful; that it had been ..... the citizens of the rest of the united states, shall cease and be unlawful so long as such condition of hostility shall continue." under authority of this act, the president did issue such a proclamation on the 16th of august, 1861, and it stated that all commercial intercourse between the states designated as in .....

Humboldt Township Vs. Long

Court : US Supreme Court

..... of the decision is a most extraordinary one. it stands alone in the construction of powers specifically granted, whether the source of the power be a state constitution, an act of the legislature, a resolution of a corporate body, or a written authority given by an individual. it establishes that of all the class of agencies, public or ..... the last of these judgments are announced, as they have been to day. i understand these opinions to hold, that, when the constitution of the state, or an act of its legislature, imperatively forbids these municipalities to issue bonds in aid of railroads or other similar enterprises, all such bonds issued thereafter will be held void. but if ..... the circuit court of the united states for the district of kansas syllabus 1. the bonds in question in this suit were issued under the authority of the same act of the legislature as those mentioned in the preceding case. the doctrines there held are reaffirmed. 2. a bond of the tenor following, "be it known that .....

In Re: Omritolall Dey

Court : Kolkata

Reported in : (1876)ILR1Cal79

..... habeas corpus like that which is now made go behind the commitment of the small cause court the result would be most anomalous: the very purpose, namely, the protection of the liberty of the subject, for which this court, as the court of ultimate authority and resort, exercises the power of causing any one who is in ..... need hardly say that the powers thus given were constantly exercised by the supreme court during the period of the existence of the court of requests. in 1850, by act ix of that year, the court of bequests was developed and converted into the present court of small causes. its constitution was amended, its jurisdiction in certain respects ..... the 26th year of his reign, and the justices, sheriffs and other magistrates thereby appointed for the said districts, may better answer the ends of their respective institutions and act more conformably to law and justice, it is our further will and pleasure, and we do hereby further grant, ordain and establish that all and every (sic) .....

Hirji Jina Vs. Naran Mulji and ors.

Court : Mumbai

Reported in : 1Ind.Cas.1

Michael Westropp, C.J.1. It seems to us that in this case the Commissioner took the right view of the decree, the important part of which is that which directs the taking' of the account. (His Lordship, after reading the portion of the decree set out above, proceeded.) We do not perceive upon what principle the account decreed could properly have been limited to six years as it was. However, we are not now re-hearing the cause or reviewing the decree, and, taking it with that limit, we have only to say what is the true construction of that portion of the decree as to credits which I have now read. It is contended on behalf of the defendants that moneys which, assuming the defendants to have been silent at the time of payment as to appropriation, would by law have been appropriated to the satisfaction of the earlier claims of the plaintiff, ought, notwithstanding the general rule of law, under the special language of the decree in this particular case, to be applied in satisfaction of t...

Sage Vs. Central Railroad Company of Iowa

Court : US Supreme Court

..... in the foreclosure suit now pending, to enter such decree as the majority of the bondholders desire. believing that some of the bondholders have other interests to serve than to protect the first mortgage bondholders, and that large numbers of the bondholders, from want of proper information, have been induced to sign various reguests to the court for certain forms of ..... appeal for themselves, but delayed all action in that behalf until long after the time when a supersedeas could be had as a matter of right. all this was the act of the parties, and not of the court. it is claimed, however, that the motion filed by the appellants jan. 13, to set aside the decree, operated to suspend ..... a supersedeas; 2, dismiss the appeal syllabus 1. to make a nunc pro tunc order effectual for the purposes of a supersedeas, it must appear that the delay was the act of the court, and not of the parties, and that injustice will not be done. 2. a motion to set aside a decree, made by persons not parties to the .....

Munn Vs. Illinois

Court : US Supreme Court

..... much more extended operation than either court, state, or federal has given to it. the provision, it is to be observed, places property under the same protection as life and liberty. except by due process of law, no state can page 94 u. s. 142 deprive any person of either. the provision has been supposed ..... and liberty, in all particulars in which life and liberty are of any value, should be applied to the protection of private property. if the legislature of a state, under pretence of providing for the public good ..... act in such manner, not inconsistent with the equal rights of others, as his judgment may dictate for the promotion of his happiness -- that is, to pursue such callings and avocations as may be most suitable to develop his capacities and give to them their highest enjoyment. the same liberal construction which is required for the protection of life .....

Kerrison Vs. Stewart

Court : US Supreme Court

..... this it appears that he was not only invested with the legal title to the property, but that all parties relied upon his judgment and discretion for the protection of their respective interests. a clear intent is manifested of relieving the creditors from the necessity of looking personally to the conversion of the securities, or to the ..... developed by the necessities of that class of cases, but an old one, long in use under analogous circumstances and found to be well adapted to the protection of the rights of those interested in such securities without subjecting litigants to unnecessary inconvenience. undoubtedly cases may arise in which it would be proper to have before ..... keeps within the general scope of his powers; neither can they prescribe the terms upon which he shall sell. in all these particulars he has been authorized to act in such manner as he shall deem best for the interests of both parties, debtors as well as creditors. the debtors rely upon his judgment to avoid unnecessary .....