Reports of Cases Argued and Determined in the Circuit Court of the United States, for the Second Circuit, Comprising the Districts of New York, Connecticut, and Vermont, Volume 1R. Donaldson, 1827 - Law reports, digests, etc |
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Page 42
... held . This construction is not only the most obvious and natural , but is in conformity with the spirit which appears to pervade the whole judicial system of the United States . It should therefore prevail , unless controlled by other ...
... held . This construction is not only the most obvious and natural , but is in conformity with the spirit which appears to pervade the whole judicial system of the United States . It should therefore prevail , unless controlled by other ...
Page 55
... Held that the proceedings were coram non judice , and void . The alienage of the plaintiffs in ejectment cannot be set up to defeat a recovery where their ancestor held the lands at the time of the treaty of 1794 . The circumstance of ...
... Held that the proceedings were coram non judice , and void . The alienage of the plaintiffs in ejectment cannot be set up to defeat a recovery where their ancestor held the lands at the time of the treaty of 1794 . The circumstance of ...
Page 63
... held that it should have appear- ed , as the lessors of the plaintiff were aliens , that their ancestor held the lands , that is , that the title was in him at the date of the treaty of 1794. This fact was not found by the verdict , and ...
... held that it should have appear- ed , as the lessors of the plaintiff were aliens , that their ancestor held the lands , that is , that the title was in him at the date of the treaty of 1794. This fact was not found by the verdict , and ...
Page 80
... Held that his discharge was a good bar to the action . LIVINGSTON , J. THIS is an action brought on several promissory notes , made or endorsed by the defendant , then re- siding in Boston , to the plaintiffs , who were then and are yet ...
... Held that his discharge was a good bar to the action . LIVINGSTON , J. THIS is an action brought on several promissory notes , made or endorsed by the defendant , then re- siding in Boston , to the plaintiffs , who were then and are yet ...
Page 109
... held , that until the power to pass uniform laws on the subject of bankruptcies be exercised by Congress , the states are not for- bidden to pass a bankrupt law , provided it contains no principle which violates the 10th section of the ...
... held , that until the power to pass uniform laws on the subject of bankruptcies be exercised by Congress , the states are not for- bidden to pass a bankrupt law , provided it contains no principle which violates the 10th section of the ...
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Common terms and phrases
act of Congress action Admiralty admitted aforesaid alleged appear appellants apply assignment authority Benjamin W bond bottomry brig Caen cargo cause cents Circuit Court claim claimant Collector common law complainant constitution contract Court of Equity creditors debt debtor declaration decree defendant discharge District Court District of Maine dollars Donald Fisher duties entitled equity evidence execution fact favour forfeited forfeiture freight George D'Wolf Gilbert Stuart Hopkins insolvent intention invoice Jackson ex Jacob Barker John Mott judgment jurisdiction jury land legislature liable libel lien LIVINGSTON master ment Mott and Williams objection officers opinion owner paid party patent payment penalty person plaintiff in error plaintiffs port possession present proceed proceedings prosecution provisions question reason received rule seizure Sheriff ship Smedes statute suit supercargo Supreme Court sureties taken teas testimony thereof Thomas Morris tion Treasury trial United verdict vessel Vintroux voyage
Popular passages
Page 42 - ... 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...
Page 428 - 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.
Page 58 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Page 447 - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity...
Page 398 - That the Circuit Courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 700 - ... shall also have exclusive original cognizance of all seizures on .land, or other waters than as aforesaid, made, and of all suits for penalties and forfeitures incurred, under the laws of the United States.
Page 564 - We receive the construction given by the courts of the nation as the true sense of the law, and feel ourselves no more at liberty to depart from that construction than to depart from the words of the statute. On this principle, the construction given by this court to the constitution and laws of the United States is received by all as the true construction ; and on the same principle, the construction given by the courts of the several States to the legislative acts of those States, is received as...
Page 211 - An act to interdict the commercial intercourse between the United States and Great Britain and France and their dependencies, and for other purposes...
Page 649 - States declares that congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory and other property belonging to the United States.
Page 13 - Land of New England beginning at a certain place called or known by the name of St Croix next adjoining to New...