The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volum 12
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Isaac Grant Thompson
Uten tilgangsbegrensning - 1871
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Isaac Grant Thompson
Uten tilgangsbegrensning - 1872
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Isaac Grant Thompson
Uten tilgangsbegrensning - 1885
action alleged appear applied authority bank bill carry cause charge charter circuit court cited citizens claim common carriers common law Commonwealth consideration constitution contract conveyance conviction corporation court of equity creditor damages debt decided decision declared decree deed defendant defendant's delivered doctrine duty easement eminent domain entitled equity estopped estoppel evidence execution exemption exercise express fact Feital fraud fraudulent granted ground held indictment indorsed injury intended interest judge judgment judicial jurisdiction jury justice Kansas Pacific Railway land Leavenworth County legislative legislature liable license manslaughter ment Noble county obligation offense opinion owner paid pardon parties payment person plaintiff in error possession principle promissory note provision purchaser purpose question railroad company Railway reason recover replevin rule sold statute statute of frauds suit supreme court surety tion trial United valid verdict void
Side 527 - No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its...
Side 526 - It would amount to nothing more than the supreme command and direction of the military and naval forces, as first general and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies — all which, by the Constitution under consideration, would appertain to the legislature.
Side 527 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.
Side 472 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Side 529 - I repeat the declaration made a year ago, that " while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation, or by any of the acts of Congress.
Side 538 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court...
Side 433 - Where the fundamental law has not limited, either in terms or by necessary implication, the general powers conferred upon the Legislature, we cannot declare a limitation under the notion of having discovered something in the spirit of the Constitution which is not even mentioned in the instrument...
Side 426 - Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.
Side 508 - In order to come within the provision of the constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts...