Cases Argued and Decided in the Supreme Court of the United States, Volumes 78-81LEXIS Law Pub., 1912 - Law reports, digests, etc First series, books 1-43, includes "Notes on U.S. reports" by Walter Malins Rose. |
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Page 63
... judgment or decree , may be removed into error , if it was an action at law , or by appeal if it was a suit in equity , provided the debt or damage claimed amounts to more than $ 500 , and the writ of error is seasonably sued out and ...
... judgment or decree , may be removed into error , if it was an action at law , or by appeal if it was a suit in equity , provided the debt or damage claimed amounts to more than $ 500 , and the writ of error is seasonably sued out and ...
Page 85
... judgment of the circuit court , and founded upon a procedure subse- quent to the original judgment of this court and not concluded by it , then this writ must not be dismissed . No questions as to the cor- rectness of the rulings in the ...
... judgment of the circuit court , and founded upon a procedure subse- quent to the original judgment of this court and not concluded by it , then this writ must not be dismissed . No questions as to the cor- rectness of the rulings in the ...
Page 101
... judgment is in full force and unsatisfied , and that the defendants have levied no tax and Argued Feb. 28 , 1871. Decided Mar. 27 , 1871. made no provision for its payment , and that IN ERROR to the Circuit Court of the United the ...
... judgment is in full force and unsatisfied , and that the defendants have levied no tax and Argued Feb. 28 , 1871. Decided Mar. 27 , 1871. made no provision for its payment , and that IN ERROR to the Circuit Court of the United the ...
Page 102
... judgment . The state court was powerless to prevent its execution . In so far as concerned the process in question the injunction was a 138 * ] nullity . In such * cases the two sets of tribunals - state and national - are as indepen ...
... judgment . The state court was powerless to prevent its execution . In so far as concerned the process in question the injunction was a 138 * ] nullity . In such * cases the two sets of tribunals - state and national - are as indepen ...
Page 109
... judgment in an action at law for any error of fact in any case removed here under that section . 1 Stat . at L. 85 . Forty - five years ago this court decided that matters of fact in actions at law , brought here by writ of error ...
... judgment in an action at law for any error of fact in any case removed here under that section . 1 Stat . at L. 85 . Forty - five years ago this court decided that matters of fact in actions at law , brought here by writ of error ...
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11 Wall 12 Stat 9 Wall act of Congress Act of July Act of Mar action admiralty alleged appeal appellee Approved authority Bank bill Blatchf Bloomshire bonds Burnley certificate circuit court Cited citizens claim clause coin common law complainants confiscation Constitution contract corporation court of equity creditors debts decision decree deed defendants in error delivered the opinion district court equity evidence fact filed fraud grant held holding invention issued judge judgment July 17 jurisdiction jury Justice land LeClaire legal tender letters patent libel lien Louisiana machine maritime ment mortgage owner parties payment person plaintiff in error possession proceedings provisions question quitclaim deed railroad reissue repealed rule seizure statute statute of limitations suit Supreme Court territory tion treaty U. S. App United valid vessel Virginia void Wheat writ of error
Popular passages
Page 59 - No State shall, without the Consent of Congress, . . . enter into any Agreement or Compact with another State, or with a foreign Power, . . .
Page 293 - To what purpose are powers limited and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed and if acts prohibited and acts allowed are of equal obligation.
Page 109 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 72 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Page 302 - The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred. At least no court of justice in this country would be warranted in assuming that the power to violate and disregard them — a power so repugnant to the common principles of justice and civil liberty — lurked under any general grant of legislative authority, or ought to be implied from any general expressions of the will of the people. The people ought not...
Page 293 - If the end be clearly comprehended within any of the specified powers, and if the measure have an obvious relation to that end, and is not forbidden by any particular provision of the Constitution, it may safely be deemed to come within the compass of the national authority.
Page 27 - Also to the ninth and tenth sections of an act entitled "An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes," approved July 17, 1862, and which sections are in the words and figures following: "SEC.
Page 179 - States declares that congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory and other property belonging to the United States.
Page 293 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 293 - Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.