Reports of Cases Decided in the Court of Appeals of the State of New York, Band 27
New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Samuel Hand, Edward Jordan Dimock, Edmund Hamilton Smith, Hiram Edward Sickels, Louis J. Rezzemini, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero
Lawyers Co-operative Publishing Company, 1868
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action administrator affirmed agent amount answer appeal applied assignment authority Bank bill Bridge Company cause charge Chenango claimed coin common conferred Congress considered Constitution construction contract corporation counsel creditors debtor debts decision defendant demand determine direct duty effect entitled established evidence exceptions execution exercise existence express fact give given grant ground held individual intended interest issued judge judgment land legislature limited maintain matter means ment mortgage necessary notes notice objection opinion owner paid parties passed payment person plaintiff possession present principal proceedings provision purchase question railroad reason received referred regarded relation respect river road rule sell sheriff statement statute street Supreme Court taken tender term tion trial trust United vote witness York
Seite 497 - This provision is made in a constitution intended to endure for ages to come, and, consequently, to be adapted to the various crises of human affairs.
Seite 406 - And whereas it hath pleased the great Governor of the world to incline the hearts of the Legislatures we respectively represent in Congress to approve of, and to authorize us to ratify, the said Articles of Confederation and perpetual Union, KNOW YE, that we, the undersigned delegates, by virtue of the power and...
Seite 505 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in I the manner most beneficial to the people.
Seite 440 - Although, among the enumerated powers of government, we do not find the word " bank," or " incorporation," we find the great powers to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation, are intrusted to its government.
Seite 104 - ... that its abandonment ought not to be presumed, in a case, in which the deliberate purpose of the State to abandon it does not appear.
Seite 354 - ... every such conveyance not so recorded shall be void, as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded.
Seite 410 - To the formation of a league, such as was the confederation, the state sovereignties were certainly competent. But when, "in order to form a more perfect union," it was deemed necessary to change this alliance into an effective government, possessing great and sovereign powers, and acting directly on the people, the necessity of referring it to the people, and of deriving its powers directly from them, was felt and acknowledged by all.
Seite 417 - A constitution, to contain an accurate detail of all the subdivisions of which its great powers will admit, and of all the means by which they may be carried into execution, would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. It would probably never be understood by the public.
Seite 407 - Constitution, which we now present, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable.
Seite 461 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.