Cases Argued and Decided in the Supreme Court of the United States (varies Slightly), Volum 2Lawyers Co-operative Publishing Company, 1910 Complete with headnotes, summaries of decisions, statements of cases, points and authorities of counsel, annotations, tables, and parallel references. |
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Side 57
... payment to the per- son named as a creditor in the execution ; and even this not as a matter of right but of favor . In the case of Rex v . Bird , cited from 2 Shower , 87 , it is only said that a payment to the party will be allowed by ...
... payment to the per- son named as a creditor in the execution ; and even this not as a matter of right but of favor . In the case of Rex v . Bird , cited from 2 Shower , 87 , it is only said that a payment to the party will be allowed by ...
Side 60
... payment under such circumstances . If the money shall be seized the instant of its being received by the creditor , then the payment to him seems a vain and useless ceremony which might well be dis- pensed with ; and if the money should ...
... payment under such circumstances . If the money shall be seized the instant of its being received by the creditor , then the payment to him seems a vain and useless ceremony which might well be dis- pensed with ; and if the money should ...
Side 75
... payment to Morgan to Kearslake , “ for and on account ". Etrict of Columbia , sitting in the county Alexandria . of ... payment for the said goods , wares and merchandise , or received as such by the plaintiffs , but merely as a con ...
... payment to Morgan to Kearslake , “ for and on account ". Etrict of Columbia , sitting in the county Alexandria . of ... payment for the said goods , wares and merchandise , or received as such by the plaintiffs , but merely as a con ...
Side 77
... payment for the salt , Young & Co. had a right of action for the price of the salt , upon demand and refusal of payment of the note by Edgar . The liability of the indorser to the indorsee of a note is at common law , and not by the ...
... payment for the salt , Young & Co. had a right of action for the price of the salt , upon demand and refusal of payment of the note by Edgar . The liability of the indorser to the indorsee of a note is at common law , and not by the ...
Side 78
... payment for the said goods , wares and merchandises , or received as such by the plain- tiffs , but merely as a conditional payment there- of , yet the receipt of the said note , under such circumstances , and the institution of the ...
... payment for the said goods , wares and merchandises , or received as such by the plain- tiffs , but merely as a conditional payment there- of , yet the receipt of the said note , under such circumstances , and the institution of the ...
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United States Supreme Court Reports, Volum 53;Volumer 211-214 United States. Supreme Court Uten tilgangsbegrensning - 1926 |
Cases Argued and Decided in the Supreme Court of the United States ..., Volum 36 United States. Supreme Court Uten tilgangsbegrensning - 1920 |
United States Supreme Court Reports, Volum 45 United States. Supreme Court Uten tilgangsbegrensning - 1926 |
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acres act of assembly act of Congress actual settlement admitted aforesaid Alexandria alleged appear assignment assumpsit authority bill of exchange bond captain cargo cause caveat circuit court citizen claim common law considered constitution contended contract counsel creditors custom of merchants Daniel Coxe debtor declaration decree deed defendant discharge district dollars drawer duty entitled entry equity evidence execution executor fact French George Galphin George Gilmer give given Hooe indorser intention John Harmer judges judgment jurisdiction jury justice land legislature liable Lord Mansfield M'Intosh mandamus Mason ment notice opinion owner paid parties payable payment person plaintiff in error plea port possession present principle promissory note proved provisions question received residence salvage seal ship statute statute of Anne sugar survey term testator thereof tion tract trade United vessel Virginia warrant Wilson words writ of error
Populære avsnitt
Side 69 - The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.
Side 73 - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Side 73 - 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.
Side 74 - This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be given to the legislature a practical and real omnipotence, with the same breath which professes to restrict...
Side 73 - If an act of the legislature, repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
Side 74 - I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich...
Side 313 - Whenever any person indebted to the United States is insolvent, or whenever the estate of any deceased debtor, in the hands of the executors or administrators, is insufficient to pay all the debts due from the deceased, the debts due to the United States shall be first satisfied...
Side 64 - States authorizes the supreme court " to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
Side 71 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done that the propriety or impropriety of issuing a mandamus, is to be determined.
Side 70 - By the Constitution of the United States the President is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience.