A Practical Abridgment of American Common Law Cases Argued and Determined in the Courts of the Several States, and the United States Courts, from the Earliest Period to the Present Time: Alphabetically Arranged; with Notes and References to the Statutes of Each State and Analogous Adjudications. Comprising Under the Several Titles a Practical Treatise on the Different Branches of the Common Law, Volume 3
Treadway & Atwood, 1834
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Page 569 - States are plaintiffs or petitioners ; or an alien is a party, or the suit is between a citizen of the State where the suit is brought and a citizen of another State.
Page 533 - The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of Congress.
Page 339 - In considering this very interesting question we immediately ask ourselves, what is a contract? Is a grant a contract? A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do a particular thing; such was the law under which the conveyance was made by the governor.
Page 246 - Clearly the admission of one partner, made after the partnership has ceased, is not evidence to charge the other, in any transaction which has occurred since their separation ; but the power of partners with respect to rights created pending the partnership remains after the dissolution.
Page 531 - America, separated from Europe by a wide ocean, was inhabited by a distinct people, divided into separate nations, independent of each other and of the rest of the world, having institutions of their own, and governing themselves by their own laws.
Page 533 - The very fact of repeated treaties with them recognizes it; and the settled doctrine of the law of nations is that a weaker power does not surrender its independence — its right to self-government, by associating with a stronger and taking its protection. A weak State in order to provide for its safety, may place itself under the protection of one more powerful without stripping itself of the right of government, and ceasing to be a State. Examples of this kind are not wanting in Europe. "Tributary...
Page 138 - Eliz. c. 2, to be punished by six months' imprisonment, and treble damages to the party injured. Maintenance. 12. Maintenance is an offence that bears a near relation to the former, being an officious intermeddling in a suit that no way belongs to one, by maintaining or assisting either party, with money or otherwise to prosecute or defend it; a practice that was greatly encouraged by the first introduction of uses.
Page 196 - There is also a third sort of covenants, which are mutual conditions to be performed at the same time ; and in these, if one party was ready and offered to perform his part, and the other neglected or refused to perform his, he who was ready and offered has fulfilled his engagement, and may maintain an action for the default of the other though it is not certain that either is obliged to do the first act.
Page 290 - A solitary offender may be easily detected and punished. But combinations against law are always dangerous to the public peace, and to private security. To guard against the union of numbers to effect an unlawful design is not easy, and to detect and punish them is often difficult. The unlawful confederacy is therefore punished, to prevent the doing of any act in execution of it.
Page 535 - The only questions which can arise between an individual claiming a right under the acts done and the public, or any person denying its validity, are power in the officer and fraud in the party. All other questions are settled by the decision made or the act done by the tribunal or officer; whether executive, (1 Cranch, 170, 171,) legislative, (4 Wheat.