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The American Decisions: Containing All the Cases of General Value ..., Volumen83
Vista completa - 1887
The American Decisions: Containing All the Cases of General Value ..., Volumen37
Vista completa - 1886
The American Decisions: Containing All the Cases of General Value ..., Volumen62
Vista completa - 1886
action agent agreement alleged appears appellant appellee apply authority Bank bill building carry cars cause charge circumstances cited claim common condition consideration constitution contract conveyed County court damages death deed defendant duty easement effect entered entitled error established evidence exception execution exercise existing express facts give given granted ground held hold homestead husband injury instruction intention interest Iowa issue John judgment jurisdiction jury land liable matter necessary negligence notice objection obligation opinion owner paid parties passed passengers payment person plaintiff possession premises present principal proceedings proof proper proved purchaser question RAILROAD COMPANY reasonable received record recover referred refused rule servant sold statute sufficient suit taken tion train trial trust unless valid void wall wife witness
Página 469 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Página 469 - ... the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.
Página 686 - Where a Court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other .Court. But, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Página 343 - Whenever, in the opinion of the court, it is proper for the jury to have a view of property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose.
Página 172 - ... rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war.
Página 469 - All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Página 693 - In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests.
Página 333 - Express Company be liable for any loss or damage, unless the claim therefor shall be presented to them In writing at this office, within thirty days after this date, in a statement, to which this receipt shall be annexed.
Página 64 - I take it to be a clear position that if a legislative act oppugns a constitutional principle the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound that in such case, it will be the duty of the court to adhere to the Constitution and to declare the act null and void.
Página 173 - ... action of the civil authority would be too late in providing the means which the occasion calls for. It is impossible to define the particular circumstances of danger or necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the emergency must be shown to exist before the taking can be justified.