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" 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... "
Report of the Case of Edward Prigg Against the Commonwealth of Pennsylvania ... - Side 33
av Edward Prigg, Richard Peters - 1842 - 140 sider
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Reports of Cases Argued and Adjudged in the Supreme Court of the ..., Volum 1

United States. Supreme Court, William Cranch - 1812 - 486 sider
...or, in other words, that they Stuart ought to have distinct commissions for that purpose. To iJliil. this objection, which is of recent date, it is sufficient...question is at rest, and ought not now to be disturbed. Judgment affirmed. THOMAS HAMILTON v. JAMES RUSSEL. * 310 An absolute ERROR from the circuit court...
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The American Law Journal, Volum 6

John Elihu Hall - 1817 - 622 sider
...is a contemporary construction of the most forcible nature. This practical exposition is too strong to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed." Supposing the judicial act constitutional, does it give the Supreme court of the United States appellate...
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Reports of Cases Determined in the Constitutional Court of South ..., Volum 4

South Carolina. Constitutional Court of Appeals, David James McCord - 1830 - 612 sider
...judicial system, affords an irresistable answer, and has fixed the construction. It is a cotemporaneous interpretation of the most forcible nature. This practical...question is at rest, and ought not now to be disturbed." That reasoning applies with all its force to these cases, because the practice and the acquiescence...
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Speech of Hon. Daniel Chipman: Delivered in the Convention Holden at ...

Daniel Chipman - 1837 - 44 sider
...forcible nature. This practical exposition is too strong and obstinate to be shaken or contradicted. Of course the question is at rest, and ought not now to be disturbed." Sir, I will waste no more time on this subject; I have shown that by the most natural and literal construction...
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Statements and Documents Concerning the Recent Action of the Board of ...

1858 - 124 sider
...of the judicial system, affords an irresistible answer, and has indeed fixed the construction. * * This practical exposition is too strong and obstinate...to be shaken or controlled. Of course, the question w at rest, and ought not now to be disturbed." Why did not the practice of publishing Headings, both...
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A Treatise on the Organization and Jurisdiction of the Supreme, Circuit and ...

Alfred Conkling - 1864 - 960 sider
...contemporary interpretation, and by long acquiescence. "This practical exposition," said the court, "is too strong and obstinate to be shaken or controlled. Of course the question is at rest, and ought not to be disturbed.*" Allotment With regard to the particular judge of the supreme of judges. QQ^ whose...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1868 - 776 sider
...objection that -the judges of the Supreme Court had no right to sit as Circuit judges, the court say : " It is sufficient to observe that practice and acquiescence...question is at rest, and ought not now to be disturbed." This is certainly very strong language ; but that of a very similar character was used by the Supreme...
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Reports of Decisions in the Supreme Court of the United States

Benjamin Robbins Curtis, Alexander James Dallas, William Cranch, United States. Supreme Court, Henry Wheaton, Richard Peters, Benjamin Chew Howard - 1870 - 708 sider
...appointed as such, or, in other words, that they ought to have distinct commissions for that purpose. To this objection, which is of recent date, it is...question is at rest, and ought not now to be disturbed. Judgment affirmed. 16 P. 539; 12 H. 299; 19 H. 893. THOMAS HAMILTON v. JAMES RUSSEL. i C. sio. The...
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley - 1871 - 846 sider
...Sadler v. Langham, 34 Ala. 311 ; Barnes v. First Parish in Falmouth, 6 Mass. 417. ' 1 Cranch, 299. , construction. It is a contemporary interpretation...question is at rest, and ought not now to be disturbed." This is certainly very strong language ; but that of a very similar character was used by the Supreme...
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The Circuit Court of the United States for the Western District of Michigan ...

Halmer H. Emmons, United States. Circuit Court (6th Circuit) - 1872 - 60 sider
...affords an irresistable answer, and has, indeed, fixed the construction. This practical exposition is too obstinate to be shaken or controlled. Of course, the question is at rest, and ought not to be disturbed." In the case of Prigg vs. Pennsylvania, 16 Peters, 621, Judge Story, speaking of a...
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