Practice Reports in the Supreme Court and Court of Appeals, Volume 25Joel Munsell, 1863 |
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Page 7
... answered . But it ought to be made , although neither party has appealed from either of such orders . The counsel of each party being similarly situated in respect to the question of costs - that is to say , each having an order for a ...
... answered . But it ought to be made , although neither party has appealed from either of such orders . The counsel of each party being similarly situated in respect to the question of costs - that is to say , each having an order for a ...
Page 12
... answer to this ques- tion , and that is , by the supreme judicial tribunal of the Union . But is this court a fit tribunal to act in judgment upon the question , whether the legislature of a state has exercised its taxing power wisely ...
... answer to this ques- tion , and that is , by the supreme judicial tribunal of the Union . But is this court a fit tribunal to act in judgment upon the question , whether the legislature of a state has exercised its taxing power wisely ...
Page 15
... answer to the attempted exercise of state autho- rity in all these cases is , that the exercise is in derogation of the powers granted to the general government , within which , it is admitted , it is supreme . That government whose ...
... answer to the attempted exercise of state autho- rity in all these cases is , that the exercise is in derogation of the powers granted to the general government , within which , it is admitted , it is supreme . That government whose ...
Page 48
... answer to this , that government may pro- perly make such a regulation in regard to its own debts as it chooses , and that it would not follow that it could Hague agt . Powers . make such notes a lawful 48 NEW YORK PRACTICE REPORTS .
... answer to this , that government may pro- perly make such a regulation in regard to its own debts as it chooses , and that it would not follow that it could Hague agt . Powers . make such notes a lawful 48 NEW YORK PRACTICE REPORTS .
Page 49
... answer . The question is not , what the government may do by contract between its agents and other individuals , but what rule it may prescribe as a public and general law . If congress has no power to pass a law making them a legal ...
... answer . The question is not , what the government may do by contract between its agents and other individuals , but what rule it may prescribe as a public and general law . If congress has no power to pass a law making them a legal ...
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Common terms and phrases
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
Popular passages
Page 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.
Page 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.
Page 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...
Page 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...
Page 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?
Page 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?
Page 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.
Page 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.
Page 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.
Page 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...