Notes on the united states reports, Հատոր 11899 |
From inside the book
Արդյունքներ 100–ի 1-ից 5-ը:
Էջ 21
... record they cannot be properly considered ; Sloan v . Territory , 6 N. Mex . 86 , 27 Pac . 418 , holding that every reasonable intendment ought to be indulged in favor of a judgment . Presumption of authority . It will be presumed that ...
... record they cannot be properly considered ; Sloan v . Territory , 6 N. Mex . 86 , 27 Pac . 418 , holding that every reasonable intendment ought to be indulged in favor of a judgment . Presumption of authority . It will be presumed that ...
Էջ 31
... the facts on which the Circuit Court founded its decree do not appear in the record is not sufficient ground for reversing the decree , p . 187 . Explained in Pike v . Armistead , 2 Dev . 31 3 Dall . 184-188 Notes on U. S. Reports .
... the facts on which the Circuit Court founded its decree do not appear in the record is not sufficient ground for reversing the decree , p . 187 . Explained in Pike v . Armistead , 2 Dev . 31 3 Dall . 184-188 Notes on U. S. Reports .
Էջ 42
... record is conclu- sive ; The Abbotsford , 98 U. S. 442 , 25 L. 169 , holding findings of fact by the civil court in admiralty cases conclusive ; Insurance Co. v . Folsom , 18 Wall . 249 , 21 L. 833 , holding that if the finding of a ...
... record is conclu- sive ; The Abbotsford , 98 U. S. 442 , 25 L. 169 , holding findings of fact by the civil court in admiralty cases conclusive ; Insurance Co. v . Folsom , 18 Wall . 249 , 21 L. 833 , holding that if the finding of a ...
Էջ 43
... record ; Ex parte Henderson , 6 Fla . 289 , holding that appeals may be taken from the Justices ' Court to the Circuit Court and tried by the latter agreeably to the Constitu- tion ; United States v . Wonson , 1 Gall . 8 , 14 , F. C. ...
... record ; Ex parte Henderson , 6 Fla . 289 , holding that appeals may be taken from the Justices ' Court to the Circuit Court and tried by the latter agreeably to the Constitu- tion ; United States v . Wonson , 1 Gall . 8 , 14 , F. C. ...
Էջ 45
... record ; Tennessee v . Davis , 100 U. S. 290 , 25 L. 659 , where a party was indicted for murder in a State court , and on bis petition showing he was an officer of the United States in the discharge of his duties , the case was removed ...
... record ; Tennessee v . Davis , 100 U. S. 290 , 25 L. 659 , where a party was indicted for murder in a State court , and on bis petition showing he was an officer of the United States in the discharge of his duties , the case was removed ...
Common terms and phrases
action admiralty adverse possession appeal assignment assumpsit authority Bank bill Blackf Blatchf bond bottomry charter Circuit Court Cited and applied Cited and principle citizen congress Conn Constitution construing contract corporation creditor Dartmouth College debt debtor declaring decree deed defendant denying dissenting opinion Distinguished equity evidence Ex parte Watkins ex post facto execution Federal courts following citing forfeiture fraud grant Gratt habeas corpus held holding further indorser Insurance Iowa issue jurisdiction land legislature liable lien majority holding mandamus Miscellaneous citations mortgage N. J. Eq officer Ohio Ohio St party patent payment plaintiff port principle applied proceedings Railroad refusing repeal Rule applied Sawy Smedes Smith statute of limitations suit Supreme Court tion U. S. App United valid vessel void Wall Wend Wheat Wood writ of error
Սիրված հատվածներ
Էջ 879 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Էջ 131 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined.
Էջ 405 - There are limitations on such power which grow out of the essential nature of all free governments. Implied reservations of individual rights, without which the social compact could not exist, and which are respected by all governments entitled to the name.
Էջ 408 - It is the peculiar province of the legislature to prescribe general rules for the government of society ; the application of those rules to individuals in society would seem to be the duty of other departments. How far the power of giving the law may involve every other power, in cases where the constitution is silent, never has been, and perhaps never can be, definitely stated.
Էջ 134 - The court will not interfere by mandamus with the executive officers of the government in the exercise of their ordinary official duties, even where those duties require an interpretation of the law, the court having no appellate power for that purpose; but when they refuse to act in a case at all, or when by special statute, or otherwise, a mere ministerial duty is imposed upon them, that is, a service which they are bound to perform without further question, then, if they refuse, a mandamus may...
Էջ 414 - ... instrument, have manifested a determination to shield themselves and their property from the effects of those sudden and strong passions to which men are exposed. The restrictions on the legislative power of the States are obviously founded in this sentiment; and the Constitution of the United States contains what may be deemed a bill of rights for the people of each State.
Էջ 530 - ... any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a Court of law ; or of which he might have availed himself at law, but was prevented by fraud or accident unmixed with any fault or negligence in himself or his agents, will justify an application to a Court of Chancery.
Էջ 57 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Էջ 415 - An ex post facto law is one which renders an act punishable in a manner in which it was not punishable when it was committed.
Էջ 155 - It is an universal principle, that, where power or jurisdiction is delegated to any public officer or tribunal over a subject-matter, and its exercise is confided to his or their discretion ; the acts so done are binding and valid as to the subject-matter...