Cases Argued and Decided in the Supreme Court of the United States, Bücher 6Lawyers Co-operative Publishing Company, 1918 |
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Seite 84
... fact must be made out by clear and positive proof , and not by inference . Every presumption is in favor of a possession , in subordination to the title of the true owner . If the defendant has acknowledged by the plaintiff's title , he ...
... fact must be made out by clear and positive proof , and not by inference . Every presumption is in favor of a possession , in subordination to the title of the true owner . If the defendant has acknowledged by the plaintiff's title , he ...
Seite 89
... fact of public notoriety , as marking by implication , of property expressly reserved for , and vested in individuals , by a preceding act of the legislature . This construction , to be justified , must be unavoidable . But the 12th ...
... fact of public notoriety , as marking by implication , of property expressly reserved for , and vested in individuals , by a preceding act of the legislature . This construction , to be justified , must be unavoidable . But the 12th ...
Seite 93
... fact itself which supports this proposition . All the trans- actions of the parties contradict it . There is no fact which shows a disposition in the pro- prietary to re - enter on any lands for which a warrant had previously been ...
... fact itself which supports this proposition . All the trans- actions of the parties contradict it . There is no fact which shows a disposition in the pro- prietary to re - enter on any lands for which a warrant had previously been ...
Seite 96
... fact to the jury ? If resumption of patent may , under circumstances , be left to a jury in favor of possession , much more so may a fact so much less solemn in its nature , and more difficult of proof , as payment . In this case , and ...
... fact to the jury ? If resumption of patent may , under circumstances , be left to a jury in favor of possession , much more so may a fact so much less solemn in its nature , and more difficult of proof , as payment . In this case , and ...
Seite 129
... fact , an ad valorem duty would long since have been imposed , in order to prevent the gross frauds upon the revenue which must be 435 ] * the inevitable consequence of permit- ting such teas as those now in question to be imported as ...
... fact , an ad valorem duty would long since have been imposed , in order to prevent the gross frauds upon the revenue which must be 435 ] * the inevitable consequence of permit- ting such teas as those now in question to be imported as ...
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Häufige Begriffe und Wortgruppen
11th amendment 12 Wheat 9 Wheat act of Congress action admitted adverse possession appellant applying rule authority bank Bank of United bill bond cause Circuit Court Cited citizens claim clause common law constitution contract corporation court of equity Cranch debt decree deed defendant devise discharge dissenting opinion district duty entitled entry equity evidence exclusive execution exercise Federal court foreign forfeiture grant heirs holding injunction intention interest Josefa Segunda judgment jurisdiction jury land legislation legislature liable license limited manors ment Monte Allegre mortgage nations navigation officers owner party patent payment person plaintiff plaintiff in error port possession power of Congress principle proceedings prohibit proprietary provisions question quit-rents seizure ship slave trade Slave Trade Acts statute statute of limitations suit sureties testator tion United vessel vested vestry void warrant words writ
Beliebte Passagen
Seite 214 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Seite 254 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Seite 245 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Seite 68 - Commerce, undoubtedly, is traffic, but it is something more; it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Seite 264 - that all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Seite 121 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
Seite 53 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Seite 295 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence ; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this Jurisdiction, there was always a limitation to suits In this court.
Seite 70 - The wisdom and the discretion of Congress, their identity with the people, and the influence which their constituents possess at elections, are, in this, as in many other instances, as that, for example, of declaring war, the sole restraints on which they have relied to secure them from its abuse. They are the restraints on which the people must often rely solely in all representative governments.
Seite 211 - They enable a corporation to manage its own affairs, and to hold property without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances for the purpose of transmitting it from hand to hand. It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities, that corporations were invented and are in use. By these means a perpetual succession of individuals are capable of acting for the promotion of the particular object,...