The American and English Encyclopedia of Law, Volume 12John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland E. Thompson, 1890 - Law |
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Common terms and phrases
affidavit appeal attorney authority Bank Barb bond cause of action cited claim Code collaterally common law Comp Compare Conn constitution court of equity court will take creditor debtor decree defendant diction docket entered equity error evidence execution fact filed fraud Freeman on Judg Gratt held Hill N. Y. impeached Iowa issue Jones judgment judgment debtor Judicial Sales jurisdic jurisdiction jurors jury Kansas land Lea Tenn lien Mass matter ment Minn Miss Murfree's Justice nunc pro tunc offence Ohio St party peremptory challenges person plaintiff plea pleaded proceedings purchaser question record rendered replevin rule scire facias service of process sheriff sheriff's sale Smith Stat statute sufficient suit summons supreme court take judicial notice term thereof Thompson tion trial United verdict void Wend writ
Popular passages
Page 265 - 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...
Page 147 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 147 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice or presiding magistrate, that the said attestation is in due form.
Page 265 - The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed, are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or that the legislature may alter the Constitution by an ordinary act.
Page 387 - A mandamus or an injunction may be granted or a receiver appointed by an interlocutory Order of the Court in all cases in which it shall appear to the Court to be just or convenient that such Order should be made...
Page 78 - In an action for the recovery of money only, or specific real property, the jury, in their discretion, may render a general or special verdict. In all other cases the court may direct the jury to find a special verdict in writing upon all or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon.
Page 265 - Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.
Page 257 - The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.
Page 281 - the rule for jurisdiction is that nothing shall be intended to be out of the jurisdiction of a superior court but that which specially appears to be so, and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is so expressly alleged;" and this rule has been so frequently repeated as to have become a maxim in the law.
Page 258 - But where he is directed by law to do a certain act, affecting the absolute rights of individuals, in the performance of which he is not placed under the particular direction of the President, and the performance of which the President cannot lawfully forbid...