Notes on the united states reports, Volume 21899 |
Common terms and phrases
action admiralty adverse possession affirming agent appeal applying rule arguendo assignment Bank of United bill Blackf Blatchf bond Circuit Court Cited and principle Cited and rule claim collecting authorities Conn Constitution construing contract conveyance corporation creditors debt debtor decree deed defendant discharge dissenting opinion Distinguished equity execution facts Federal courts following citing fraud grant Gratt habeas corpus held holding sureties indorser Insurance Iowa judgment jurisdiction jury land liable lien majority holding mandamus McLean ment Miscellaneous mortgage N. J. Eq notice officer Ohio St party patent payment person plaintiff possession principle applied proceedings purchaser Railroad refusing rule applied Sawy Smedes Smith statute of limitations suit Supreme Court tion trust U. S. App United usury valid vessel void Wall Wend Wheat Wood writ of error
Popular passages
Page 78 - ... is in custody under or by color of the authority of the United States, or is committed for trial before some court thereof ; or is in custody for an act done or omitted in pursuance of a law of the United States...
Page 362 - M'Culloch v. the State of Maryland, is founded on, and sustained by, the idea that the bank is an instrument which is 'necessary and proper for carrying into effect the powers vested in the government of the United States.
Page 758 - The usage of the world is, if a nation be not entirely subdued, to consider the holding of conquered territory as a mere military occupation, until its fate shall be determined at the treaty of peace. If it be ceded by the treaty, the acquisition is confirmed, and the ceded territory becomes a part of the nation to which it is annexed ; either on the terms stipulated in the treaty of cession, or on such as its new master shall impose.
Page 254 - The whole object of giving admiralty process and priority of payment to privileged creditors is to furnish wings and legs to the forfeited hull, to get back for the benefit of all concerned ; that is, to complete her voyage.
Page 227 - That right derives its source from those laws whose authority is acknowledged by civilized man throughout the world. This is true. The constitution found it an existing right, and gave to Congress the power to regulate it.
Page 526 - Whenever a statute gives a discretionary power to any person, to be exercised by him upon his own opinion of certain facts, it is a sound rule of construction, that the statute constitutes him the sole and exclusive judge of the existence of those facts.
Page 694 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.
Page 762 - Although admiralty jurisdiction can be exercised in the States in those courts only which are established in pursuance of the 3d article of the Constitution, the same limitation does not extend to the Territories. In legislating for them, Congress exercises the combined powers of the general and of a State Government.
Page 220 - But in regulating commerce with foreign nations, the power of congress does not stop at the jurisdictional lines of the several states.
Page 758 - On such transfer of territory, it has never been held that the relations of the inhabitants with each other undergo any change. Their relations with their former sovereign are dissolved, and new relations are created between them and the government which has acquired their territory.