Court : US Supreme Court
..... fact in every suit ever instituted under the statute), the action was brought in the names of the justices, so that those whose interests were designed to be protected by the bond were never parties to the suit at all, much less the real or only parties representing the right of action under the bond. my mind, ..... . s. 19 construction to this court, to essay no innovation upon its doctrines. i plant myself, on the contrary, upon its oft repeated decisions, and invoke their protection for the interpretation now insisted upon. the action in the circuit court was instituted in the name of alexander mcnutt, governor of the state of mississippi (who was the ..... is designed to protect. to this reasoning several answers at once present themselves, either of which appears to be sufficient. 1. if this could be so understood, it would leave the objection precisely where it stood before. the parties to the action would still be all citizens to the same state, whereas the judicial act declares they shall .....
Tag this Judgment!Court : US Supreme Court
..... willful and unauthorized publication injurious to the character of another is a libel, but where the writer is acting on any duty, legal or moral, towards the person to whom he writes, or is bound by his situation to protect the interests of such person, that which he writes under such circumstances is a privileged communication unless the ..... degradation in society. these guardian provisions of the law, designed, as we have said, for the security and peace of persons in the ordinary walks of private life, appear in some respects to be extended still farther in relation to persons invested with official trusts. thus it is said that words not otherwise actionable may form ..... may be simulated or unworthy. if we look to the position of men in common life, we see the law drawing providently around them every security for their safety and their peace. it not only forbids the imputation to an individual of acts which are criminal and would subject him to penal infliction, but, regarding man as a .....
Tag this Judgment!Court : US Supreme Court
..... to suppose that the law overlooked the application for the only effective patent, and looked only to that which derived new life from it; besides, the act of 1839 would take from a defendant the protection of the acts of 1832 and 1836 by confining its operation to the old patent, for damages could then be recoverable for the use ..... been originally filed in such corrected form, before the issuing out of the original patent." now any person using an invention protected by a renewed patent subsequently page 45 u. s. 403 to the date of this act is guilty of an infringement, however long he may have used the same after the date of the defective and surrendered ..... by providing for the right of recovering damages only for 'causes subsequently accruing.'" " it thus appears that the act of 1839 goes only one step beyond those of 1832 and 1836, and is a dead letter, if it protects the person who has purchased, constructed, or used the machine invented by the patentee no farther than from damages .....
Tag this Judgment!Court : US Supreme Court
..... be shown. they have often happened to inventors in the course of their dealings with this species of property. the act of congress contemplates their occurrence again, and has therefore provided further security and protection, by enlarging the interest and right of property in the subject of their invention. the provision is founded upon the policy ..... assignees and grantees as subjects of trade and commerce, but the patented articles or machines throughout the country, purchased for practical use in the business affairs of life, are embraced within the operation of the extension. this latter class of assignees and grantees are reached by the new grant of the exclusive right to use ..... a matter of business and speculation, and stood in no different relation to the government or the public, than other citizens engaged in the common affairs of life. nothing short of the most fixed and positive terms of a statute could justify an interpretation so repugnant to the whole scope and policy of it and .....
Tag this Judgment!Court : US Supreme Court
..... by the article being put in the invoice at a price below the actual value in order to introduce it free. any incidental page 45 u. s. 334 protection, contemplated from the duty, to the growth of finer and more valuable wools in this country would also be thus exposed to total defeat by the importation of this ..... destitute of equity. we say "destitute of it" because, in case the importer is dissatisfied with the valuation made by the appraisers, he is allowed, by the act of congress of may 28, 1830, before paying the duty, an appeal and further hearing before another tribunal constituted in part by persons of his own selection. see second ..... but require the application of its provisions to importations like those now under consideration. it ought, then, to be so construed, since this court has recently decided that acts imposing duties are not, as has often been done, to be construed strictly against the government like penal laws, but so as "most effectually to accomplish the intention .....
Tag this Judgment!Court : US Supreme Court
..... to the cherokee nation the right, by their national councils, to make and carry into effect such laws as they may deem necessary for the government and protection of the persons and property within their own country, belonging to their people, or such persons as have connected themselves with them. but a proviso immediately follows ..... of the united states, either under the fourth clause of the eighth section of the first article of the constitution of the united states or under any act of congress passed in virtue of the constitution of the united states upon the subject of naturalization or in virtue of any admission, obligation, or duty incumbent ..... by marriage, residence, adoption or any other means, unless the proper authority of the united states shall authorize such incorporation." "3d. that the proviso of the act of congress relating to crimes committed by one indian upon the property or person of another indian was never intended to embrace white persons, whether married and residing .....
Tag this Judgment!Court : US Supreme Court
..... . s. 632 as subjects of legislation, they are from their very nature of primary importance; they lie at the foundation of social existence; they are for the protection of life and liberty, and necessarily compel all laws on subjects of secondary importance, which relate only to property, convenience, or luxury, to recede, when they come in conflict ..... , imposed by a state law, that obstructs or hinders the commerce. but the true inquiry here is how long does the imported article so continue? the acts of congress protect "imports," and prescribe the quantity and measure in which they shall be made; the question of more or less is within the competency of congress, but ..... recite the whole of the laws of the state, as they were very similar to those of massachusetts. the following one will be sufficient: "an act in addition to an act entitled 'an act enabling the town councils to grant licenses, and for other purposes.'" "it is enacted by the general assembly as follows:" "section 1. no licenses .....
Tag this Judgment!Court : US Supreme Court
..... crew were of the ship and navigation, and stood equally regulated with the ship. the property of passengers could not be taxed or seized, being expressly and affirmatively protected by the act of 1799. it was an import, and whilst it continued in form of an import, could be landed and transferred by the owners inland. this is the ..... terms of that charter not merely the absolute control of civil and political rights, but the power to descend to and regulate ad libitum the private and personal concerns of life. thus, the ground now assumed in terms for the federal government is that the power to regulate commerce means still "more especially" the power to regulate "personal intercourse ..... by the boarding officer of the state as paupers belonged to that denomination or not? how could it ascertain what had been the pursuits, habits, and mode of life of every emigrant and how far he was liable to lose his health and become, with a helpless family, a charge upon the citizens of the state? how .....
Tag this Judgment!Court : US Supreme Court
..... been issued or which had been previously surveyed, and any patent which may nevertheless be obtained for land located contrary to the provisions of this act shall be considered null and void" protected an entry which had been made in the name of a dead man in 1822. and a subsequent conflicting entry came within the prohibition of ..... but embracing the legality of locations made since the enactment of the proviso upon lands previously patented or surveyed, without reference to the circumstance of the death or life of those in whose names such previous patents may have been granted or surveys made. the language of the proviso is broad and comprehensive enough to comprise patents ..... survey. there can be no question as to the power of the government to revive or confirm surveys or patents made or granted to persons not actually in life when such surveys or patents were made; there is an obvious propriety in a fulfillment of its undertakings by the government, and in its forbearance to enforce a .....
Tag this Judgment!Court : US Supreme Court
..... from duty, though several articles before free were then taxed, 5 stat. 463. but in 1842, when the policy of the government again became adapted to protection no less than revenue, the act now under consideration was shaped so as to tax whatever might compete with our own manufacturers, and to admit free only articles in such shape or form as ..... added, under the same schedule and rate of duty, "shoes composed wholly of india rubber." it would also be very extraordinary if the spirit of the act of 1842, in its high protective policy, should not mean to tax the foreign india rubber shoe made wholly of india rubber when it was, and still is, a most formidable and successful ..... attached to the word, it is making an article, either by hand or machinery, into a new form, capable of being used, and designed to be used, in ordinary life. indeed, these india rubber shoes were originally made in brazil not as a form of sending abroad a raw material to be used for other purposes. but they were prepared .....
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