Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of the Courts of the United States: Vol. 1, Containing a View of the Judicial Power, and the Jurisdiction and Practice of the Supreme Court of the United States, Volumen 1
T. & J.W. Johnson, 1854 - 635 páginas
Comentarios de usuarios - Escribir una reseña
No hemos encontrado ninguna reseña en los sitios habituales.
Otras ediciones - Ver todo
Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of ...
George Ticknor Curtis
No hay vista previa disponible - 2019
12 Howard 12 Peters Act of Congress admiralty affirmed appear appellate jurisdiction appellate power applied arising authority Bank bill brought cause ceded certificate character charter circuit court citizens claim claimant clause cognizance common law concession Consti Constitution construction contract controversy corporation court of equity court-martial Cranch decided decision declared defendant delivering the opinion diction dismissed district court docket drawn in question effect equity established exclusive execution exercise existence extend fact Florida foreign give given grant habeas corpus held impair the obligation inferior courts judge judgment or decree judicial power Judiciary Act juris jurisdic Justice land legislative legislature Louisiana ment objects offence officers original jurisdiction party person plaintiff in error possession principles proceedings record remedy rendered respect rule Spain Spanish statute stipulation suit Supreme Court term territory tion treaty treaty of St trial tribunal United validity vested Wheaton words writ of error
Página 320 - 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.
Página 25 - 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.
Página 119 - In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make.
Página 320 - 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, like one immortal being.
Página 479 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all the rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess.
Página 385 - States, and the decision is in favor of such their validity, or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission...
Página 207 - They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile, they are in a state of pupilage ; their relation to the United States resembles that of a ward to his guardian.
Página 375 - No person demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.
Página 201 - That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; and except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction.
Página 310 - A contract executed, as well as one which is executory, contains obligations binding on the parties. A grant, in its own nature, amounts to an extinguishment of the right of the grantor, and implies a contract not to reassert that right. A party is, therefore, always estopped by his own grant.