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... where it judginent or the circuit court in a the ground of repugnancy to the Constitution, up-
Pine Grore t', Talcott,
320 6. The Constitution of the United States secures
upon compliance with the terms of the law.
in advance that it will not remove into the Federal
320 Courts any suit that may be commenced against it
326 by a citizen of Wisconsin, is repugnant to the Con-
325 stitution of the United States and void, and the
320 8. An ordinance of the City of New Orleans which
land in any part of the Port of New Orleans, a sumn
320 measured by the tonnage of the vessel, is a top-
Cannon v. Nevo Orleans,
may be arged a vessel by a
320 city for the use of wharves and piers: but in the
duty of tonnage.
320 and departing from a port of the United States, and
ing capacity, is a violation of that provision, un.
320 less the consent of Congress be obtained.
does not apply to trials in the state courts.
not extend beyond the amount of subscribed and
400 paid up stock, so that stockholders. subscribing
tion of the United States.
Ochiltree v. R. R. Contracting Co., 546
13. Those who subscribed for stock while the old
Constitution was in force, remained liable under
the double liability clause of that constitution.
Those who subscribed for stock after the amended
Constitution took effect, are liable only under the
single liability clause of such amended Constitu-
14. A New York Act in relation to the widening
and straightening of Broadway, in the City of Ver
York, authorizing the Supreme Court of the State
to vacate an order, confirming the report of com-
missioners of estimate and assessment respecting
the property taken, and to refer the matter back to
new commissioners, is not unconstitutional as im-
pairing the obligation or depriving a person of a
Garrison V. N. Y. City,
15. Under the Fourteenth Amendment of the it.
S. Constitution, a woman, who is a citizen of Mis-
right of suffrage to men alone.
Minor 1. Happersett,
16. The words "citizens" in the U. S. Constitu
tion conveys the idea of membership of a nation and
nothing more, and women are citizens within its
17. The right of suffrage is not one of the neces.
203 | gal.
within the meaning of the guaranty in that behalf, 3. The remedies for the collection of a debt are
those in existence at the time it is incurred must be
627 substantially preserved to the creditor.
Rees 1. Watertoren,
railway depots or stations, but only military posts
Caliwell v. U. S.,
710 6. Where the plaintiff was elected a professor in
Head v. The University,
7. A contract to pay a sum of money as soon as
in the mode specifically provided by local law by
789 advertising for proposals, etc., it cannot be modifieil
by the officers of the municipality without its as-
Memphis v. Brown,
9. An agreement to release, upon the perform.
ance of certain considerations, is of no effeet if
the conditions are not performed.
10. The Vlissouri State Act of 1852 created a
Company, by which the railroad was exempt from
taxation until it was completed and put in opera-
tion, and should declare a dividend; not, however,
longer than two years after its completion.
Pacific R. R. Co. v. Afaguire,
11. The state Ordinance of 1865, imposing a
tax of ten per cent. upon its gross earnings before
the road was completed. was a violation of this con-
tract, and the levy for its enforcement was ille.
12. An agreement in general restraint of trade is
merely in partial restraint of trade is good, pro-
vided it be not unreasonable and there be a con-
sideration to support it.
Oregon Steam Nav. Co. v. Winsor, 316
13. An agreement that a steamer should not be
used in the waters of a State for a fixed period held
to be legal.
14. Agreements in restraint of trade, whether un-
der seal or not, are divisible; where one part there.
of is void as being in restraint of trade, wbilst the
other is not, the court will give effect to the latter,
15. The Missouri Act for the completion of the
North Missouri Railroad does not contain any con-
tract to exempt the property of that road from tax-
ation. North Missouri R. R. Co. v. Maguire, 287
16. The State Ordinance of 1865 does not impair
the obligation of any contract made and concluded
between the State and the Company.
17. A party may rescind a contract for personal
employment, when by reason of opiates and de-
ranged mental condition, the person employed be-
comes incapacitated to perform his part of the
Lyon v. Pollard,
18. What is sufficient notice to terminate the
any contract they might make, no contract was con-
U. S. 1'. Gill,
the time it was actually used.
22. Contracts for building a ship, or for engines, 3. The subscriber for stock is released from his
487 vided for or contemplated by either the charter it-
the debts of the State, but must go to pay the debts
639 of the bank.
Baring v. Dabney,
pal corporation to aid in the construction of a rail.
Town of Queensbury v. Culler,
623 6. Such bonds may be issued by commissioners as
an agreement for purely professional agents of the town and delivered directly to the
623 7. Municipal corporations have not power with-
issue notes, bills or other securities of a commer-
hands of bona fide holders.
Mayor v. Lindsey,
creditors evidence of the amount of their claims
10. When power to issue securities of a commer-
cial character is given to a municipal corporation,
such securities will possess the usual qualities at.
taching to like securities issued by private corpora.
11. Although a railroad corporation is private,
its work is public, as much so as if it were to be
Pine Grove v. Talcott.
12. Where each stockholder of a corporation is
bound for its debts in proportion to his stock, his
neither is he bound absolutely for the payment of
the full amount of that.
Pollard v. Bailey,
14. Directors and officers of a company, owing
863 duties to its stockholders and creditors, cannot
possible notice ; nor defeat a sale for a large sum,
863 in order that they may become the purchasers for
Jackson v. Ludeling,
863 15. A new company formed by the purchasers at
this illegal and void sale has no other or better
title than that of these purchasers.
16. An insurance company, created by the Legis-
lature of a State, while the State was in armed re-
bellion against the United States, is a valid corpo.
ration, and may gue in the Court of Claiins, for the
U. S. v. Ins. Co..
COURT OF CLAIMS.
DECREES AND JUDGMENTS. 6.
86, 87, 88, 89 U. S.
that the court had jurisdiction of the subject-mat.
ter of the action and of the parties, and that a
4. A seizure of personal property under an at-
tachment, is not necessarily a satisfaction of the
158 judgment when afterwards obtained.
5. Fraud 'in obtaining a judgment or nil debet is
not a good plea to an action upon a judgment in
no appeal is taken to this court, are absolutely
conclusive of the rights of the parties, and are not
subject to revision by any one of the executive
7. The legislation of a State may validate the
Mech. & Tr. Bank v. Union Bank, 871
SEE ESTOPPEL, 1.
EVIDENCE, 8, 9.
LANDLORD AND TENANT, 1.
TRUSTS AND TRUSTEES, 1-8.
SEE EVIDENCE, 14.
1. By the term domicil, in its ordinary accepta
tion, is meant the place where a person lives and
has his home.
Mitchell v. U.'S.,
2. To constitute a new domicil two things are
indispensable : first, residence in the new locality ;
cannot work the change.
3. Among the circumstances usually relied upon
to establish the animu8 manendi are; declarations
of the party; the exercise of political rights; the
payment of personal taxes; a house of residence,
and a place of business.
4. A domicil once acquired is presumed to con-
tinue until it is shown to have been changed. This
principle applied to one who, during the war, went
from his home in a loyal State, into a disloyal one.
677 ELECTIVE FRANCHISE.
1. In a proceeding to condemn property for public
use, there is nothing in the nature of a contract be-
tween the owner and a State, or the corporation
which the State authorizes to take the property.
If just compensation be made to the owner, Liv
property can then be taken without his assent.
2. In proceeding to ascertain the compensation
to be inade to the owner of property taken for
public use, the State may vacate any inquest taken
by its direction, and order a new inquest, where
the proceeding has been irregularly or fraudu-
lently conducted, or in which error has intervened.
pensation is made or provided, the power of the
State over the matter is not ended.
RIPARIAN RIGHTS, 3.
TAXES AND TAX SALES, 11.
TRUSTS AND TRUSTEES, 5.
1. Where the complainants do not come into 4. But whem the accounting officers were lor-
balance found to be due bim.
SEL BILLS AND NOTES, 10.
PRACTICE, 9, 14.
1. A witness called by defendant to prore that
the witness had used the plaintiff's invention to
show its want of novelty, may be asked by plaiotit
if the plaintiff did not forbid his using it.
Klein v. Russell,
2. It is not improper to inquire of a witness, on
his cross-examination, as to the contents of a
paper which was an incidental and collateral mat-
ter, and in nowise affected the merits of the con-
3. A question to a witness by defendant as to
the novelty, utility, and modus operandi of the al-
4. A patent, when introduced in evidence in a
suit for infringement, affords a prima facie pre-
sumption that the patentee is the original and first
Mitchell v. Tilghman,
5. Under the Act of March 31, 1797, the tran-
sible in evidence against a revenue officer, should
not be a garbled or mutilated statement, but
should be complete in itself, perfect for what it
purports to represent, and give both sides of the
account as the same stands upon the books, but
the items may be briefer in form than the original
U. $. v. Gaussen,
are admissible as against him, and against his
sureties, because a surety is bound by the acts and
the business, as a part of the res gestæ,
7. The reports of the decisions of cases in this
court are expositions of law upon the facts there
Mackay V. Easton,
8. Identity of the grantor in deeds of lands, what
is sufficient proof of.
deed, and of his name in signing the other, is but
a slight circumstance against the identity of the
grantor in the two deeds where they were both
10. By the Act of July 2, 1864, a party to the
ly or by deposition, and may make a second dep-
Nash v. Williams,
question of intent, the court must submit the ques.
tion to the jury.
12. Where the original judgment record was de-
stroyed by fire, a copy of a judgment, duly certi-
tied by the clerk of the court by whom the judg-
ment was rendered, is proper evidence.
13, Secondary evidence must be the best the par-
ty bas in his power to produce.
Burton t'. Driggs,
471 15. Where books of a bank are out of the State
amination of many books and papers Lay be
577 proved by the person who made the examination.
original," and was properly received in evidence.
McPhaul v. Lapsley,