The American Law Times Reports, Volume 41877 - Law reports, digests, etc |
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Page 14
Article 9 of the constitution of the association was as follows : “ Sec . 1. The board may issue promissory notes on mortgage only , and must always be drawn to order of mortgagor . When a transfer of mortgage is executed , all notes ...
Article 9 of the constitution of the association was as follows : “ Sec . 1. The board may issue promissory notes on mortgage only , and must always be drawn to order of mortgagor . When a transfer of mortgage is executed , all notes ...
Page 15
... 1872 , was issued to the defendants under article 9 of the constitution , on the mortgage offered in evidence ; that no money was paid by the association to the defendants , but the note was accepted by them as money .
... 1872 , was issued to the defendants under article 9 of the constitution , on the mortgage offered in evidence ; that no money was paid by the association to the defendants , but the note was accepted by them as money .
Page 41
It is true that the commercial power conferred by the Constitution is one without limitation . It authorizes legislation with respect to all the subjects of foreign and inter - state commerce , the persons engaged in it , ...
It is true that the commercial power conferred by the Constitution is one without limitation . It authorizes legislation with respect to all the subjects of foreign and inter - state commerce , the persons engaged in it , ...
Page 48
The statute of 1842 does not conflict with the defendants ' charter , or the Constitution of the state ; for its enactment was in the exercise of a police power , vital to the safety of the public , which the sovereign cannot alienate .
The statute of 1842 does not conflict with the defendants ' charter , or the Constitution of the state ; for its enactment was in the exercise of a police power , vital to the safety of the public , which the sovereign cannot alienate .
Page 51
In such cases , the state courts do not exercise a new jurisdiction conferred upon them , but their ordinary jurisdiction derived from their constitution under the state law . MR . JUSTICE BRADLEY delivered the opinion of the court .
In such cases , the state courts do not exercise a new jurisdiction conferred upon them , but their ordinary jurisdiction derived from their constitution under the state law . MR . JUSTICE BRADLEY delivered the opinion of the court .
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