The United States of America, Complainants and Appellants, V. Jane L. Stanford, Executrix of the Last Will and Testament of Leland Stanford, Deceased, Defendant and Appellee: Brief for Defendant and Appelle1895 - 155 pages |
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Page 72
... remedy , which might otherwise accrue to it , shall not exist or come into being . There are many cases which properly hold that officers of the United States Government may not waive any right or remedy that has already accrued to it ...
... remedy , which might otherwise accrue to it , shall not exist or come into being . There are many cases which properly hold that officers of the United States Government may not waive any right or remedy that has already accrued to it ...
Page 92
... section declaring : ' Nothing herein contained shall be held to deny , exclude , or impair any right or remedy in the premises now existing in favor of the United States . " It is urged that " and others " could only 92.
... section declaring : ' Nothing herein contained shall be held to deny , exclude , or impair any right or remedy in the premises now existing in favor of the United States . " It is urged that " and others " could only 92.
Page 93
... remedy " in the 12th section must necessarily mean the reser- vation of the right against the stockholders . But we submit that this is far fetched and without force , and that if there was no liability before by the Acts of 1862 and ...
... remedy " in the 12th section must necessarily mean the reser- vation of the right against the stockholders . But we submit that this is far fetched and without force , and that if there was no liability before by the Acts of 1862 and ...
Page 96
... remedy . And such statutory restrictions of the right and the remedy are universal , and must be applied in whatever forum the liability is sought to be enforced . The provision of the 30th section of the Act of 1850 is not , strictly ...
... remedy . And such statutory restrictions of the right and the remedy are universal , and must be applied in whatever forum the liability is sought to be enforced . The provision of the 30th section of the Act of 1850 is not , strictly ...
Page 98
... remedy were created by the same statute . This being so , the remedy provided is exclusive of all others . A general liability created by statute , with- out a remedy , may be enforced by an appro- priate common law action , but where ...
... remedy were created by the same statute . This being so , the remedy provided is exclusive of all others . A general liability created by statute , with- out a remedy , may be enforced by an appro- priate common law action , but where ...
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Common terms and phrases
16th section acts of Congress agreement amendment amount applied authorized benefits capital stock Central Pacific Company Central Pacific Railroad claim Company of California complete conferred consolidated company Constitution construction construed contract corporation covenant creditors debts and liabilities decision declared dollars eastern boundary enacted enforce exist Federal fornia franchises Government granted held holders immunities imposed individual liability intent interest issued Justice law of California legislation Legislature liability of stock liability of stockholders lien maturity meet and connect ment miles Missouri River mortgage Pacific Ocean Pacific Railroad Acts Pacific Railroad Company paid pany parties payment personal liability personal obligation poration prescribed privileges purposes question railroad and telegraph remedy repayment respect road Company Sacramento Sacramento River sinking-fund Stat Statute of Limitations statutory subsidy bonds telegraph line terms and conditions Territories Teschemaker testator thereof tion Union Pacific Railroad United Western Pacific Railroad whole
Popular passages
Page 13 - That the grants aforesaid are made upon condition that said company shall keep said railroad and telegraph line in repair and use, and shall at all times transmit dispatches over said telegraph line, and transport mails, troops and munitions of war, supplies and public stores, upon said railroad for the government, whenever required to do so by any department thereof, and that the government shall at all times have the preference in the use of the same for all the purposes aforesaid, (at fair and...
Page 133 - ... to secure the repayment to the United States, as hereinafter provided, of the amount of said bonds so issued and delivered to said company, together with all interest thereon which shall have been paid by the United States, the issue of said bonds and delivery to the company shall ipso facto constitute a first mortgage on the whole line of the railroad and telegraph, together with the rolling stock, fixtures, and property of every kind and description, and in consideration of which said bonds...
Page 14 - California had only power to construct a railroad from Sacramento to the eastern boundary of the State. Congress, by the Act of 1862, authorized the company (in the words of the Act) ' to construct a railroad and telegraph line from the Pacific coast, at or near San Francisco, or the navigable waters of the Sacramento River, to the eastern boundary of California...
Page 95 - Dues from corporations shall be secured by such individual liability of the corporators and other means as may be prescribed by law.
Page 11 - Greenwich, between the south margin of the valley of the Republican River and the north margin of the valley of the Platte River, in the Territory of Nebraska...
Page 30 - But courts, in construing a statute, may with propriety recur to the history of the times when it was passed; and this is frequently necessary, in order to ascertain the reason as well as the meaning of particular provisions in it.
Page 119 - It cannot be said that a case is not authority on one point because, although that point was properly presented and decided in the regular course of the consideration of the cause, something else was found in the end which disposed of the whole matter. Here the precise question was properly presented, fully argued and elaborately considered in the opinion. The decision on this question was as much a part of the judgment of the court as was that on any other of the several matters on which the case...
Page 17 - That if said roads are not completed, so as to form a continuous line of railroad, ready for use, from the Missouri River to the navigable waters of the Sacramento River...
Page 98 - The individual liability of stockholders of a corporation for the payment of its debts is always a creature of statute. At common law it does not exist. The statute which creates it may also declare the purposes of its creation, and provide for the manner of its enforcement.
Page 16 - That the several companies authorized to construct the aforesaid roads are hereby required to operate and use said roads and telegraph for all purposes of communication, travel and transportation, so far as the public and...