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, Volume 1T. & J.W. Johnson, 1854 - 635 páginas |
De dentro do livro
Resultados 1-5 de 100
Página 16
... term " common law " is not found to occur in the Constitution as originally adopted . The phrase made use of in the 3d article , is , as we have seen , cases in " law . " The term " common law " is found in the 7th amendment , which ...
... term " common law " is not found to occur in the Constitution as originally adopted . The phrase made use of in the 3d article , is , as we have seen , cases in " law . " The term " common law " is found in the 7th amendment , which ...
Página 58
... term " cases . " But to a civil suit , a sovereignty cannot be made a party without its consent ; and as the clause in question embraces only controversies to which the United States " shall be " a party , it would seem to be the ...
... term " cases . " But to a civil suit , a sovereignty cannot be made a party without its consent ; and as the clause in question embraces only controversies to which the United States " shall be " a party , it would seem to be the ...
Página 61
... terms excludes none , whatever be their nature or object . Where no exception is made in terms , none is to be made by mere implication . A controversy , therefore , between two states , concerning their respective boundaries , is not ...
... terms excludes none , whatever be their nature or object . Where no exception is made in terms , none is to be made by mere implication . A controversy , therefore , between two states , concerning their respective boundaries , is not ...
Página 84
... the situation of the parties . And the first question that arises is , who are " citizens of different states , " within the meaning of this clause . § 73. The term " controversies , " as used 84 THE JUDICIAL POWER .
... the situation of the parties . And the first question that arises is , who are " citizens of different states , " within the meaning of this clause . § 73. The term " controversies , " as used 84 THE JUDICIAL POWER .
Página 92
... term , " cases , " how- ever , is applied as a generic term to all these objects , in that clause of the 3d article , which distributes the original and appellate jurisdiction of the Supreme Court . From this phraseology , it is ...
... term , " cases , " how- ever , is applied as a generic term to all these objects , in that clause of the 3d article , which distributes the original and appellate jurisdiction of the Supreme Court . From this phraseology , it is ...
Outras edições - Ver todos
Commentaries on the Jurisdiction, Practice, and Peculiar ..., Volume 1 George Ticknor Curtis Visualização completa - 1854 |
Commentaries on the Jurisdiction, Practice and Peculiar ..., Volume 1 George Ticknor Curtis Visualização completa - 1854 |
Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of ... George Ticknor Curtis Prévia não disponível - 2019 |
Termos e frases comuns
12 Howard 12 Peters 25th section Act of Congress admiralty admiralty and maritime admiralty jurisdiction admitted appear appellate jurisdiction appellate power applied arising authority Bank bill brought cause character charter circuit court citizens claim claimants clause cognizance common law Consti Constitution construction contract controversy corporation court of equity court-martial Cranch decided decision declared defendant delivering the opinion diction district court drawn in question effect eminent domain equity established exclusive execution exercise extend fact final judgment foreign give given grant habeas corpus held impair the obligation inferior courts judge judicial power Judiciary Act juris jurisdic Justice land legislative legislature Louisiana ment militia objects offence officers original jurisdiction party person plaintiff in error principles proceedings provision record remedy rendered repugnant respect rule statute suit Supreme Court territory tion treaty trial tribunals trustees United validity vested Wheat Wheaton writ of error
Passagens mais conhecidas
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.