Notes on the united states reports, Volumen5


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Página 885 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Página 106 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Página 906 - The bonds on their face, import a compliance with the law under which they were issued, and the purchaser was not bound to look further for evidence of a compliance with the condition of the grant of the power.
Página 186 - That the banks of a river are those elevations of land which confine the waters when they rise out of the bed ; and the bed is that soil so usually covered by water as to be distinguishable from the' banks, by the character of the soil, or vegetation, or both, produced by the common presence and action of flowing water.
Página 479 - If the award Is within the submission and contains the honest decision of the arbitrators after a full and fair hearing of the parties, a court of equity will not set it aside for error, either in law or fact.
Página 441 - An indispensable party Is one who has such an Interest In the subject-matter of the controversy that a final decree between the parties before the court cannot be made without affecting his interests, or leaving the controversy in such a situation that Its final determination may be Inconsistent with equity and good conscience.
Página 441 - Persons who not only have an interest in the controversy, but an interest, of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience.
Página 21 - We take the rule to be this: Whenever the drawer is liable to the holder, the acceptor is entitled to a credit if he pays the money ; and he is bound to pay upon his acceptance, when the payment will entitle him to a credit in his account with the drawer.
Página 816 - It is a fundamental rule that in the construction of contracts the courts may look not only to the language employed, but to the subject-matter and the surrounding circumstances, and may avail themselves of the same light which the parties possessed when the contract was made.
Página 451 - A crossbill," says Mr. Justice Story, (Eq. PI. § 389,) "ex vi terminorum implies a bill brought by a defendant in a suit against the plaintiff in the same suit, or against other defendants in the same suit, or against both, touching the matters in question in the original bill.

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