Court : US Supreme Court
..... may have made. dillon, mun.corp., sec. 114; von hoffman v. city of quincy, 4 wall. 535. creditors of municipal corporations are as completely within the protection of the constitution as any other creditors. what is meant by "impairing the obligation of a contract" is well defined. embarrassments thrown by a statute in the way ..... in the name of the president of the board of fire and police commissioners." on march 13, 1879, the legislature passed the following act: " chapter 92, of acts of 1879" " an act to collect and dispose of the taxes assessed for municipal corporations in this state whose charters have been or may be repealed, or which ..... 1877. approved march 23, 1877." on the day next after that upon which the complainants' bill was filed, the legislature of tennessee passed the following acts: " chapter 10, of acts of 1879" " an act to repeal the charters of certain municipal corporations, and to remand the territory and inhabitants thereof to the government of the state. " "sec. 1. .....
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..... , with a right of free disposition at her will, she and her property have come under the control of the state, and are subject to its laws, entitled to its protection, and bound to bear a portion of its burdens. the eighteenth article of the treaty does not, in our judgment, apply to the lands covered by the patent to the ..... forfeiture" -- terms which were held to prevent a levy and sale by officers of the state for taxes as well as a levy and sale under judicial proceedings. and the act admitting kansas into the union as a state provided that the rights of the indians in the territory should remain unimpaired, and the general government be at liberty to make .....
Tag this Judgment!Court : US Supreme Court
..... intercourse with the inhabitants of the insurgent territory. the executive license, when construed in connection with this new congressional action, was evidently intended only to protect such rights as had become vested under previous authorities or permits rightfully issued. therefore nothing could pass except what the collector had been satisfied by proof was ..... right, under this authorization, to transport the cotton which was seized. while it has been found that the bond was executed and delivered to the acting collector on the 16th of november, 1864, the findings are entirely silent as to the presentation of the original permits or the required proof before the ..... permits or authorities, or certified copies thereof and proof herein required, shall be seized and proceeded against for forfeiture and condemnation to the united states." "the acting collector at new orleans shall record and file, in his office, a copy of this authority, and deliver the original to the said j. s. clark .....
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..... writ be sued out of a court of competent jurisdiction directing an officer to seize specifically described property, as in admiralty, replevin, or ejectment cases, it is a protection to the officer when he is sued in trespass for executing it. if, however, it in general terms directs or authorizes him to seize the property of an individual ..... the court in buck v. colbath, 3 wall. 334. no just distinction can be seen between this latter class of cases and the one now under consideration. the act of congress was designed to secure the possession of the property of the bankrupt, so that it might be administered under the proceedings in bankruptcy. between the first steps ..... identical in its mandatory part with sec. 5024 of the revised statutes, and, if he did no more than it commanded him, was a sufficient justification for his act unless the statute is unconstitutional. this is not pretended either here or in the state courts. it is a little difficult to see upon what principle the plaintiffs .....
Tag this Judgment!Court : US Supreme Court
..... of a particular district, for the support of the government, or to meet some public expenditure authorized by it, for which they receive compensation in the protection which government affords, or in the benefits of the special expenditure. but when private property is taken for public use, the owner receives full compensation. the ..... been contemplated. state action upon such subjects can constitute no interference with the commercial power of page 102 u. s. 699 congress, for when that acts, the state authority is superseded. inaction of congress upon these subjects of a local nature or operation, unlike its inaction upon matters affecting all the states ..... by storms or otherwise it could not temporarily supply their places until congress could act in the matter and provide for their reestablishment. that power, which every state possesses, sometimes termed its police power, by which it legislates for the protection of the lives, health, and property of its people, would justify measures of .....
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..... a municipal subscription with the sanction of three-fifths of the voters interested and the issue of bonds in payment thereof required particular facts to exist and certain acts to be performed before the right to make the subscription and to issue bonds in discharge thereof could be exercised. the statute contained, amongst other things, ..... from the legislative department the power to confer upon municipal corporations authority to incur indebtedness in excess of a prescribed amount. the authority, therefore, conferred by the act of april 15, 1873, to incur page 102 u. s. 288 indebtedness in the construction and maintenance of a system of waterworks could have been lawfully ..... construct and maintain waterworks," by the first section of which act it is provided that all cities, incorporated towns, and villages in the state be, and are hereby, authorized and shall have power to provide for a supply of water for the purpose of fire protection and for the use of the inhabitants of such cities, .....
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..... vice-versa. while he cannot bring himself within its provisions in the character of a purchaser, he or others subrogated to his rights may be entitled to its protection as creditor." this decision has been followed and approved in grimes v. hobson, 46 tex. 416; catlin v. bennatt, 47 id. 165; and mainwarring v ..... valid and binding." and art. 4994, paschal's digest, provides that "every conveyance, covenant, agreement, deed, deed of trust, or mortgage in this act mentioned, which shall be acknowledged, proved, or certified according to law, and delivered to the clerk of the proper court to be recorded, shall take effect and be ..... purchasers for valuable consideration without notice, unless they shall be acknowledged or proved and lodged with the clerk, to be recorded according to the directions of this act, but the same, as between the parties and their heirs, and as to all subsequent purchasers, with notice thereof or without valuable consideration, shall nevertheless be .....
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..... as the provisions were designed to secure the individual from the arbitrary spoliation of his property, their purpose could be readily evaded if a special act could exact for the protection of his property an expenditure of money or labor, which was neither exacted when the property was acquired nor permitted by the terms of its ..... the case, that such structures made in conformity with the laws of the state, if not prohibited by any act of congress, and not materially interfering with navigation, would be equally lawful and entitled to the protection of the constitution. there is a vast amount of property of this sort in this country. the wharves which ..... imposes upon another the necessity of an unusual expenditure of money or labor or materials for the protection and preservation of his property shall make complete indemnity for the expenditure. the principle applies as fully to the acts of the government as to those of individuals, and wherever suits can be brought in the tribunals .....
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..... disregard the course of previous decision, parliament, recognizing the injustice and inexpediency of the rule thus finally established judicially, interposed by the act of 2 & 3 vict., c. 29, and by several sucessive acts, which had the effect to protect the sheriff in the performance of his official duty against such actions as the present. indeed, some relief had been introduced by the ..... bankrupt act of 6 geo. iv, c. 16, passed in 1825. edwards v. scarsbrook, 3 b. & s. 280; slater v. pinder, law rep. 6 .....
Tag this Judgment!Court : US Supreme Court
..... the latter effect must be intended by it. otherwise what valuable and sufficient purpose is there in construing the record to be constructive notice of its contents, except to protect such a purchaser? if, without recording, the conveyance is not only valid between the parties, but good also as against the world, with or without notice, of ..... , shall be borne by him by whose fault it was occasioned. an apposite illustration of the principle involved in this conclusion is found in ellis & morton v. ohio life ins. & trust co., 4 ohio st. 628. it was there held that while ordinarily money paid by a banker in payment of a forged check purporting to be ..... , which regulates the whole subject and specifically provides "that every conveyance of real estate within this territory hereafter made which shall not be recorded as provided in this act shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate or any portion thereof when his own .....
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