Notes on the united states reports, Volume 11899 |
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
Popular passages
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...