Practice Reports in the Supreme Court and Court of Appeals, Volumen25Joel Munsell, 1863 |
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Página 2
... ground that they had been tried and determined by the referee ; and the justice holding the circuit ordered the motions to stand over until this special term , then to be heard in con- nection with Mr. Gidney's motions ( then already ...
... ground that they had been tried and determined by the referee ; and the justice holding the circuit ordered the motions to stand over until this special term , then to be heard in con- nection with Mr. Gidney's motions ( then already ...
Página 12
... been considering , but upon ground much broader , and wholly independent of it . The tax upon the stocks was regarded as a tax upon the People ex rel . Bank of Commerce agt . Commissioners 12 NEW YORK PRACTICE REPORTS .
... been considering , but upon ground much broader , and wholly independent of it . The tax upon the stocks was regarded as a tax upon the People ex rel . Bank of Commerce agt . Commissioners 12 NEW YORK PRACTICE REPORTS .
Página 15
... ground that the court had no jurisdiction . But the chief justice , in giving the opinion . of the court , very naturally observes , that the right to de- termine the jurisdiction of the courts was not placed by the constitution in the ...
... ground that the court had no jurisdiction . But the chief justice , in giving the opinion . of the court , very naturally observes , that the right to de- termine the jurisdiction of the courts was not placed by the constitution in the ...
Página 19
... ground that the said act of congress under which the notes are issued and declared a legal tender , is not warranted by the constitution , and insisted upon being paid in gold or silver coin ; “ and that the defendant refused to pay ...
... ground that the said act of congress under which the notes are issued and declared a legal tender , is not warranted by the constitution , and insisted upon being paid in gold or silver coin ; “ and that the defendant refused to pay ...
Página 34
... ground . " The grant of the powers to declare and carry on war , to raise and equip armies , to construct and employ a navy , to arm the militia , build forts and arsenals , suppress in- surrection and repel invasion , is a grant of the ...
... ground . " The grant of the powers to declare and carry on war , to raise and equip armies , to construct and employ a navy , to arm the militia , build forts and arsenals , suppress in- surrection and repel invasion , is a grant of the ...
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Términos y frases comunes
38 Barb affidavit affirmed agreement alleged amount application appointment arrest assessment assignment assignors attorney authority bank bills bond cause of action claim Code coin common law complaint congress constitution contract corporation costs court of appeals court of equity creditors debtor debts declared defendant defendant's duties entitled equity evidence ex rel execution exercise fact favor fraud fraudulent granted habeas corpus Hague agt held Henry Van Schaick intent issue judgment judgment debtor jurisdiction jury justice lease legal tender legislature liable ment Meyer agt mortgage motion ne exeat opinion paid party payment person plaintiff plaintiff in error premises proceedings provisional remedy provisions purchase question received recover referee repealed Revised Statutes sheriff Smith agt special term supreme court taxes thereof Third Avenue Railroad tion treasury notes trial trust United usurious void votes witness writ York
Pasajes populares
Página 116 - ... shall be receivable in payment of all taxes, internal duties, excises, debts, and demands of every kind due to the United States, except duties on imports, and of all claims and demands against the United States of every kind whatsoever, except for interest upon bonds and notes, which shall be paid in coin, and shall also be lawful money and a legal tender iu payment of all debts, public and private, within the United States, except duties on imports and interest as aforesaid.
Página 27 - Money is with propriety considered as the vital principle of the body politic ; as that which sustains its life and motion, and enables it to perform its most essential functions.
Página 73 - Any corporation formed under this act may purchase mines, manufactories or other property necessary for its business, or the stock of any company or companies owning, mining, manufacturing or producing materials, or other property necessary for its business, and issue stock to the amount of the value thereof in payment therefor...
Página 25 - Madison has disclosed the grounds of his own action, by recording that ''this vote in the affirmative by Virginia was occasioned by the acquiescence of Mr. Madison, who became satisfied that striking out the words would not disable the government from the use of public notes...
Página 123 - They would contain various exceptions to powers not granted, and on this very account would afford a colorable pretext to claim more than were granted; for why declare that things shall not be done which there is no power to do?
Página 13 - The sovereignty of a State extends to everything which exists by its own authority or is introduced by its permission ; but does it extend to those means which are employed by Congress to carry into execution powers conferred on that body by the people of the United States?
Página 15 - If the right to impose the tax exists, it is a right which in its nature acknowledges no limits. It may be carried to any extent, within the jurisdiction of the state or corporation which imposes it, which the will of each state and corporation may prescribe.
Página 187 - ... court, or on any execution issuing out of any court of equity, in any suit or proceeding instituted for the recovery of any money due upon any judgment or decree founded upon contract, or due upon any contract express or implied, or for the recovery of any damages for the non-performance of any contract.
Página 136 - If the end be clearly comprehended within any of the specified powers, and if the measure have an obvious relation to that end, and is not forbidden by any particular provision of the constitution, it may safely be deemed to come within the compass of the national authority.
Página 133 - Nothing is more natural and common than first to use a general phrase, and then to explain and qualify it by a recital of particulars. But the idea of an enumeration of particulars which neither explain nor qualify the general meaning, and • can have no other effect than to confound and...