Notes on the united states reports, Հատոր 81900 |
Common terms and phrases
17 Wall 21 Wall action affirming S. C. Appeal and error applying rule arguendo assignee bankruptcy bill Blatchf bonds Circuit Court Cited and applied Cited and principle Cited and relied Cited with approval claim collecting authorities collision Colo construing contract corporation County creditors damages debt decree defendant dissenting opinion Distinguished enforcing equity estopped exempt Federal court Flipp foreclosure fraud fraudulent grant held holding patent holding railroad liable insolvent Insurance Iowa issue jurisdiction jury liable for injury lien majority holding mandamus maritime lien McCrary mortgage municipal National Bank Ohio St party patent payment plaintiff principle applied proceedings Public lands purchaser quiet title Reaffirmed Sawy statute of limitations stockholder suit Supreme Court taxation tion trust U. S. App United valid vessel void Western Union writ
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Էջ 850 - If he be silent, and continue to treat the property as his own, he will be held to have waived the objection, and will be conclusively bound by the contract, as if the mistake or fraud had not occurred.
Էջ 299 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from the navigable waters of the states, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other states or foreign countries in the customary modes in which such commerce is conducted by water.
Էջ 745 - The power of Congress to legislate at all upon the subject of voting at State elections rests upon this amendment.
Էջ 792 - ... requiring no exercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and when such duty is threatened to be violated by some positive official act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an injunction to prevent it.
Էջ 863 - And it may be said generally, that the legislation of a State, not directed against commerce or any of its regulations, but relating to the rights, duties, and liabilities of citizens, and only indirectly and remotely affecting the operations of commerce, is of obligatory force upon citizens within its territorial jurisdiction, whether on land or water, or engaged in commerce, foreign or interstate, or in any other pursuit.
Էջ 861 - conferring upon Congress the regulation of commerce, . . . never intended to cut the States off from legislating on all subjects relating to the health, life, and safety of their citizens, though the legislation might indirectly affect the commerce of the country. Legislation, in a great variety of ways, may affect commerce and persons engaged in it without constituting a regulation of it, within the meaning of the Constitution.
Էջ 289 - It must be conceded that a new combination, if it produces new and useful results, is patentable, though all the constituents of the combination were well known and in common use before the combination was made.
Էջ 880 - ... that when the law has confided to a special tribunal the authority to hear and determine certain matters arising in the course' of its duties, the decision of that tribunal, within the scope of its authority, is conclusive upon all others.
Էջ 874 - It cannot be doubted that under some circumstances a trustee may represent his beneficiaries in all things relating to their common interest in the trust property. He may be invested with such powers and subjected to such obligations that those for whom he holds will be bound by what is done against him as well as what is done by him. The difficulty lies in ascertaining whether he occupies such a position, not in determining its effect if he does.
Էջ 275 - The estoppel resulting from the thing adjudged does not depend upon whether there is the same demand in both cases but exists, even although there be different demands, when the question upon which the recovery of the second demand depends has under identical circumstances and conditions been previously concluded by a judgment between the parties or their privies.