The American Law Register, Volume 2D.B. Canfield & Company, 1863 |
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Page 9
... received actual notice of the junior mortgage at some period after the date of the registry , it was held the first mortgagee was not affected by the registry of the subsequent mortgage , but that after actual notice of such subsequent ...
... received actual notice of the junior mortgage at some period after the date of the registry , it was held the first mortgagee was not affected by the registry of the subsequent mortgage , but that after actual notice of such subsequent ...
Page 20
... received and acted upon as the settled law of the state , it is nevertheless clearly shown in the same rescript , by the judge delivering the opinion of the court , that all which the law requires in such cases is , that the first ...
... received and acted upon as the settled law of the state , it is nevertheless clearly shown in the same rescript , by the judge delivering the opinion of the court , that all which the law requires in such cases is , that the first ...
Page 42
... received during the year , over and above the interest which has been paid ( funded stock of this State , and stock of the incorporated banks of this State , and the United States Bank excepted . ) It appears , from Mr. Justice THOMP ...
... received during the year , over and above the interest which has been paid ( funded stock of this State , and stock of the incorporated banks of this State , and the United States Bank excepted . ) It appears , from Mr. Justice THOMP ...
Page 49
... received it not as proof of Shaner's declaration , but , to use the language of the Judge , as evidence of the contract . " What contract ? If between Myers and Shaner , or Shaner and the plaintiffs , it was evident to the case , res ...
... received it not as proof of Shaner's declaration , but , to use the language of the Judge , as evidence of the contract . " What contract ? If between Myers and Shaner , or Shaner and the plaintiffs , it was evident to the case , res ...
Page 62
... received and passed as ordi- nary currency , in Illinois ; but that payment could not be made in the same bills which were deposited . And that it was error to hold that the defendants were bound to pay in specie , or in bills which ...
... received and passed as ordi- nary currency , in Illinois ; but that payment could not be made in the same bills which were deposited . And that it was error to hold that the defendants were bound to pay in specie , or in bills which ...
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Common terms and phrases
agreement alleged appear applied assignment assumpsit authority Bank bill bill of lading bond breach cause certificate charter-party chose in action citizen claim common law consignees Constitution contract conveyance corporation counsel court of equity covenantor covenants for title creditor damages debt decided decision declared deed deed of trust defendant discharge doctrine duty election district entitled equity evidence execution exercise fact fraud grant grantor ground habeas corpus held indorser injury instrument Judge judgment judicial jurisdiction jury Justice land Legislature liable marriage mastic matter ment Miami tribe mortgage negligence nonsuit notice opinion owner party payment person plaintiff Port Port Colborne possession principle proceedings purchaser purpose question railroad reason recover regard remedy residence rule says seisin statute suit Supreme Court tion trial trust United valid verdict vessel votes Welland Railway writ
Popular passages
Page 228 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 41 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent...
Page 182 - ... our Heirs, Executors, and Administrators, and every of them, firmly by these Presents.
Page 752 - I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Articles of War.
Page 340 - States, are hereby approved and in all respects legalized and made valid to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Page 756 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Page 157 - No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Page 338 - When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the Courts of justice cannot be kept open, CIVIL WAK EXISTS, and hostilities may be prosecuted on the same footing as if those opposing the Government were foreign enemies invading the land.
Page 222 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 432 - If the judicial power extends so far, the guarantee contained in the Constitution of the United States is a guarantee of anarchy, and not of order. Yet if this right does not reside in the courts when the conflict is raging — if the judicial power is, at that time, bound to follow the decision of the political, it must be equally bound when the contest is over. It cannot, when peace is restored, punish as offences and crimes the acts which it before recognized, and was bound to recognize, as lawful.