Reports of Cases Argued and Adjudged in the Supreme Court of the United States ...: August 1801-[February 1815], المجلد 1Isaac Riley, 1812 |
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الصفحة xviii
... plaintiff in error be at liberty to show to the satisfaction of this court , that the matter in dispute exceeds the ... error fails to appear , the plaintiff may proceed ex parte . XVI . - 1803 , FEBRUARY TErm . It is ordered , That ...
... plaintiff in error be at liberty to show to the satisfaction of this court , that the matter in dispute exceeds the ... error fails to appear , the plaintiff may proceed ex parte . XVI . - 1803 , FEBRUARY TErm . It is ordered , That ...
الصفحة 26
... case : The ship Amelia sailed from Calcutta , in Bengal , in April , 1799 , loaded with a cargo of the product and ... plaintiff in error , entitled to any , and if to any , to what salvage in the case which has been stated ? Salvage ...
... case : The ship Amelia sailed from Calcutta , in Bengal , in April , 1799 , loaded with a cargo of the product and ... plaintiff in error , entitled to any , and if to any , to what salvage in the case which has been stated ? Salvage ...
الصفحة 37
... case of such real danger , that her recapture by Captain Talbot must be considered as a meritorious service enti- tling him to salvage . To prove this the counsel for the plaintiff in error has offered several decrees of the French ...
... case of such real danger , that her recapture by Captain Talbot must be considered as a meritorious service enti- tling him to salvage . To prove this the counsel for the plaintiff in error has offered several decrees of the French ...
الصفحة 53
... plaintiff Wilson claims , it is provided that no appeal or writ of error shall be allowed on a judgment entered on a caveat , and that , therefore , in this case , the plain- tiff was precluded from claiming the benefit of a writ of error ...
... plaintiff Wilson claims , it is provided that no appeal or writ of error shall be allowed on a judgment entered on a caveat , and that , therefore , in this case , the plain- tiff was precluded from claiming the benefit of a writ of error ...
الصفحة 54
... plaintiff in error , and Jones and Mason , for defendant . ' This would be a dangerous construction of the law , as it would authorize the surveyor to determine the rights of claimants , and to judge in his own cause where a survey ...
... plaintiff in error , and Jones and Mason , for defendant . ' This would be a dangerous construction of the law , as it would authorize the surveyor to determine the rights of claimants , and to judge in his own cause where a survey ...
طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
acres act of assembly act of congress action of debt aforesaid Alexandria Amelia appointment assignment assumpsit authority bearer bill of exchange cargo cause caveat charter-party Chief Justice chose in action circuit court cited commission common law considered constitution contract counsel covenant creditor custom of merchants declaration decree deed defendant delivered demurrage Dexter discharge district drawer endorsement endorsor England entitled entry evidence execution fact Falmouth Fendall France French give given Groverman Havre de Grace indebitatus inland bills judges judgment jurisdiction jury land legislature liable Lord Mansfield mandamus Marbury Mason ment negotiable notice opinion Panther creek parties payable payee payment person plaintiff in error plea port president principle promissory note protest question R. T. Hooe recapture received salvage Samuel Dexter seal Seeman statute of Anne suit survey Talbot Term Rep thereof tion United verdict vessel Virginia warrant Wilson words writ of error
مقاطع مشهورة
الصفحة 149 - to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States.
الصفحة 163 - By the constitution of the United States the president is invested with certain important political powers, in the exercise of which he is to use his own discretion, and is accountable only to his country in his political character, and to his own conscience. To aid him in the performance of these duties he is authorized to appoint certain officers who act by his authority and in conformity with his orders. In such cases their acts are his acts; and whatever opinion may be entertained of the manner...
الصفحة 176 - Those, then, who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions. It would declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory.
الصفحة 176 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other the courts must decide on the operation of each. So, if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably...
الصفحة 137 - Constitution, relative to correspondences, commissions or instructions to or with public ministers or consuls from the United States, or to negotiations with public ministers from foreign States or princes, or to memorials or other applications from foreign public ministers or other foreigners, or to such other matters respecting foreign affairs, as the President of the United States shall assign to the said department...
الصفحة 175 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.
الصفحة iv - BBOWN, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " Sertorius : or, the Roman Patriot.
الصفحة 174 - That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion; nor can it, nor ought it, to be frequently repeated.
الصفحة 164 - But where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, it seems equally clear that the individual who considers himself injured has a right to resort to the laws of his country for a remedy.
الصفحة 152 - At the last term on the affidavits then read and filed * 1 *>4. jnih the clerk, a rule was granted in this case, requiring the secretary of state to show cause why a mandamus *should not issue, directing him to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the district of Columbia.