Reports of Cases Argued and Determined in the Supreme Court: 1823/24Gould & Banks, 1825 - Law reports, digests, etc |
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Common terms and phrases
action admitted aforesaid agreement ALBANY amendment appellant apply April assignment assumpsit attorney averment bill of sale bond cause certiorari champerty Chancellor Chancery charge circumstances cited coasting trade common law Common Pleas consideration constitution contract convey conveyance counsel count Court of Chancery Court of Equity creditors Curia debt declaration decree deed defendant Delancy demurrer denied doctrine Ellison error evidence execution executors fact farm fraud fraudulent ground heirs inadequacy intended interest intestate Jackson John Judge judgment jury Justice land ment mortgage motion navigation New-York Newburgh nolle prosequi notice objection October opinion paid parties payment plaintiff plaintiff in error pleaded possession premises principle purchase question real estate recover respondents rule Seymour Sheriff shew Smedes sold specific performance statute suit testator Thallhimer tion trial usury UTICA vendor verdict void Whelan whole wife William witness
Popular passages
Page 729 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally, but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government. The completely internal commerce of a state, then, may be considered as reserved...
Page 729 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient and is certainly unnecessary. Comprehensive as the word "among" is, it may very properly be restricted to that commerce which concerns more states than one.
Page 86 - If the payment be less than the interest, the surplus of interest must not be taken to augment the principal; but interest continues on the former principal until the period when the payments, taken together, exceed the interest due, and then the surplus is to be applied towards discharging the principal; and interest is to be computed on the balance, as aforesaid.
Page 733 - If congress license vessels to sail from one port to another in the same State, the act is supposed to be, necessarily, incidental to the power expressly granted to congress, and implies no claim of a direct power to regulate the purely internal commerce of a State, or to act directly on its system of police.
Page 749 - ... the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions, as the inhabitants thereof respectively...
Page 94 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 119 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 567 - ... he who bargains in a matter of advantage with a person placing a confidence in him is bound to show that a reasonable use has been made of that confidence; a rule applying equally to all persons standing in confidential relations with each other.
Page 699 - Legislature may provide by law that no person shall be capable of holding or being elected to any post of profit, trust, or emolument, civil or military, legislative, executive, or judicial, under the government of this commonwealth, who shall hereafter fight a duel, or send or accept a challenge to fight a duel, the probable issue of which may be the death of the challenger or challenged, or who shall be...
Page 741 - In the exercise of this power, congress has passed "an act for enrolling and licensing ships or vessels to be employed in the coasting trade, and fisheries, and for regulating the same.