Mississippi Reports ... Being Cases Argued and Decided in the Supreme Court of Mississippi, Volum 7E.W. Stephens Publishing Company, 1843 |
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Populære avsnitt
Side 237 - Our constitution declares a treaty to be the law of the land. It Is consequently to be regarded in courts of justice as equivalent to an act of the legislature whenever it operates of itself, without the aid of any legislative provision ; but when the terms of the stipulation import a contract, when either of the parties engages to perform a particular act, the treaty addresses itself to the political, not the judicial, department; and the legislature must execute the contract before it can become...
Side 589 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Side 633 - The principle asserted is, that one legislature is competent to repeal any act which a former legislature was competent to pass ; and that one legislature cannot abridge the powers of a succeeding legislature. The correctness of this principle, so far as respects general legislation, can never be controverted But, if an act be done under a law, a succeeding legislature cannot undo it. The past cannot be recalled by the most absolute power.
Side 158 - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
Side 238 - By whom shall they be ratified and confirmed? This seems to be the language of contract; and if it is, the ratification and confirmation which are promised must be the act of the legislature. Until such act shall be passed, the Court is not at liberty to disregard the existing laws on the subject.
Side 435 - The doctrines thus delivered we call the revealed, or divine law, and they are to be found only in the Holy Scriptures.
Side 298 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond the terms of his contract.
Side 288 - The principle is believed to be universal, that a prior lien gives a prior claim, which is entitled to prior satisfaction, out of the subject it binds, unless the lien be intrinsically defective, or be displaced by some act of the party holding it which shall postpone him in a Court of law or equity to a subsequent claimant.
Side 429 - So ought men to love their wives as their own bodies. He that loveth his wife, loveth himself; for no man ever yet hated his own flesh, but nourisheth and cherisheth it, even as the Lord the church ; for we are members of his body, of his flesh, and of his bones.
Side 269 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.