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 1
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Commentaries on the Jurisdiction, Practice, and Peculiar Jurisprudence of ...
George Ticknor Curtis
No preview available - 2019
according Act of Congress action admiralty admitted appear appellate applied arising authority Bank bill brought cause character charter circuit court citizens claim clause common consideration considered Constitution construction contract controversy corporation Cranch created decided decision decree defendant determined directed district duty effect equity established evidence exclusive execution exercise existence express extend fact final follows foreign give given grant ground held Howard impair individual interest issued judge judgment judicial power Judiciary Act juris jurisdiction Justice land legislative legislature limited matter meaning ment nature necessary objects obligation officers opinion original original jurisdiction party passed person Peters plaintiff possession present principles proceedings question reason record reference remedy rendered respect rule Spanish statute suit Supreme Court survey taken term territory tion treaty trial tribunals United validity vested Wheaton whole writ of error
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.