Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the United States: Vol. 1, Containing a View of the Judicial Power, and the Jurisdiction and Practice of the Supreme Court of the United States, 1권T. & J.W. Johnson, 1854 - 635페이지 |
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13 페이지
... opinion , that the clause in the act of incorporation , enabling the Bank to sue in the courts of the United States , is consistent with the Constitution , and to be obeyed in all courts . " § 12. The illustrations presented by this ...
... opinion , that the clause in the act of incorporation , enabling the Bank to sue in the courts of the United States , is consistent with the Constitution , and to be obeyed in all courts . " § 12. The illustrations presented by this ...
27 페이지
... opinion , that there is much reason for considering it as a local action , and for confining it to the court sitting within the state in which the lands lie . " Was this cause , therefore , to be considered as involving a naked question ...
... opinion , that there is much reason for considering it as a local action , and for confining it to the court sitting within the state in which the lands lie . " Was this cause , therefore , to be considered as involving a naked question ...
28 페이지
... opinion , where he treats of the objection to the jurisdiction of the court , arising from its inability to enforce its decree in rem , he allows no weight to that argument . The strict pri- mary decree of a court of equity is , he says ...
... opinion , where he treats of the objection to the jurisdiction of the court , arising from its inability to enforce its decree in rem , he allows no weight to that argument . The strict pri- mary decree of a court of equity is , he says ...
45 페이지
... opinion of the legislative department of the government , twice deliberately expressed , upon the subject . These opinions of course are not binding on the judicial department , but they are always entitled to high respect . And in this ...
... opinion of the legislative department of the government , twice deliberately expressed , upon the subject . These opinions of course are not binding on the judicial department , but they are always entitled to high respect . And in this ...
58 페이지
... opinion has been , that such a suit cannot be commenced or prosecuted . But , as we shall see here- after , this does not prevent the exercise of appellate juris- diction , to obtain by writ of error a reversal of a judgment which has ...
... opinion has been , that such a suit cannot be commenced or prosecuted . But , as we shall see here- after , this does not prevent the exercise of appellate juris- diction , to obtain by writ of error a reversal of a judgment which has ...
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12 Howard 12 Peters 25th section Act of Congress admiralty admiralty and maritime admiralty jurisdiction admitted appear appellate jurisdiction appellate power applied arising authority Bank bill brought cause character charter circuit court citizens claim claimants clause cognizance common law Consti Constitution construction contract controversy corporation court of equity court-martial Cranch decided decision declared defendant delivering the opinion diction district court drawn in question effect eminent domain equity established exclusive execution exercise extend fact final judgment foreign give given grant habeas corpus held impair the obligation inferior courts judge judicial power Judiciary Act juris jurisdic Justice land legislative legislature Louisiana ment militia objects offence officers original jurisdiction party person plaintiff in error principles proceedings provision record remedy rendered repugnant respect rule statute suit Supreme Court territory tion treaty trial tribunals trustees United validity vested Wheat Wheaton writ of error
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320 페이지 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
25 페이지 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
119 페이지 - In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
320 페이지 - It is chiefly for the purpose of clothing bodies of men in succession with these qualities and capacities that corporations were invented and are in use. By these means, a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
479 페이지 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
385 페이지 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission...
207 페이지 - They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile, they are in a state of pupilage ; their relation to the United States resembles that of a ward to his guardian.
375 페이지 - No person demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.
201 페이지 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
310 페이지 - A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.