Notes on the united states reports, Volume 31899 |
Common terms and phrases
action admiralty adverse possession affirming appeal Approved arguendo Bank Bank of United bill Blatchf bond bottomry Circuit Court Cited and applied Cited and followed Cited and principle Cited and rule claim collecting authorities compel Congress Constitution construing contract corporation court of equity creditors debt decree deed defendant denying dismissing dissenting opinion Distinguished enforce equity evidence execution Federal courts fraud grant Gratt habeas corpus indorser Insurance Iowa issue jurisdiction jury land liable lien majority holding mandamus McLean ment Miscellaneous mortgage N. J. Eq notice Ohio St owner particular application party patent payment person plaintiff principle applied purchaser railroad refusing reviewing rule applied Sawy Smedes Smith statute of limitations suit Supreme Court surety tion treaty trust U. S. App United usury valid void Wall writ of error
Popular passages
Page 871 - ... It is very true, that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 654 - We choose rather to plant ourselves on what we consider impregnable positions. They are these : that a State has the same undeniable and unlimited jurisdiction over all persons and things within its territorial limits as any foreign nation, where that jurisdiction is not surrendered or restrained by the Constitution of the United States...
Page 656 - That all those powers which relate to merely municipal legislation, or what may perhaps, more properly be called internal police, are not thus surrendered or restrained; and that, consequently, in relation to these, the authority of a state is complete, unqualified, and exclusive...
Page 293 - This principle was that discovery gave title to the government by whose subjects, or by whose authority, It was made, against all other European governments, which title might be consummated by possession.
Page 155 - The court has bestowed its best attention on this question, and, after mature deliberation, the majority is of opinion, that an Indian tribe or nation within the United States is not a foreign state, in the sense of the constitution, and cannot maintain an action in the courts of the United States.
Page 297 - The language used in treaties with the Indians should never be construed to their prejudice. If words be made use of which are susceptible of a more extended meaning than their plain import, as connected with the tenor of the treaty, they should be considered as used only in the latter sense.
Page 321 - It is a 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...
Page 143 - ... that its abandonment ought not to be presumed in a case in which the deliberate purpose of the State to abandon it does not appear.
Page 32 - I will lay down the rule as broad as this : wherever any person gives property, and points out the object, the property, and the way in which it shall go, that does create a trust, unless he shows clearly that his desire expressed is to be controlled by the party, and that he shall have an option to defeat it.
Page 883 - For franchises are special privileges conferred by government upon individuals, and which do not belong to the citizens of the country generally of common right.