action agent alleged amount appear apply assignment attachment attorney authority averment bank bill bond brought cause charge circuit court claim common complainants considered constitution construction contained contract corporation counsel creditor debt decision deed defendant determined dower duty effect entered entitled equity error evidence execution existence fact filed give given granted ground held indictment intended interest issue Johns judge judgment jurisdiction jury justice land legislature license lien limitations matter means ment Michigan mill mortgage necessary notice object officer opinion paid party passed payment person plaintiff plea plead possession premises present principle proceedings proof proved purchaser question reason received record recover reference remedy rendered rule says statute sufficient suit supreme court taken tion trial unless vessel void writ
Page 87 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified as the wisdom of the nation shall direct.
Page 91 - The objection to a law, on the ground of its impairing the obligation of a contract, can never depend upon the extent of the change which the law effects in it. Any deviation from its terms, by postponing, or accelerating, the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are, however minute, or apparently immaterial, in their effect upon the contract of the parties, impairs its obligation.
Page 486 - Nothing can call forth this Court into activity but conscience, good faith and reasonable diligence. Where these are wanting the Court is passive and does nothing; laches and neglect are always discountenanced, and, therefore, from the beginning of this jurisdiction, there was always a limitation to suits in this Court.
Page 427 - Government, in the penal sum of dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, Jointly and severally, firmly by these presents.
Page 17 - If the premises for which the action is brought, are actually occupied by any person, such actual occupant shall be named defendant in the declaration ; if they are not so occupied, the action must be brought against some person exercising acts of ownership on the premises claimed, or claiming title thereto, or some interest therein, at the commencement of the suit.
Page 551 - ... shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict, whether it be murder of the first or second degree...
Page 616 - And it appears in our books, that in many cases the common law will control acts of Parliament, and sometimes adjudge them to be utterly void; for when an act of Parliament is against common right or reason, or repugnant or impossible to be performed, the common law will control it and adjudge such act to be void.
Page 590 - Lancaster, in consideration that the plaintiff, at the special instance and request of the defendant, had then and there bought of the defendant 200 quarters of wheat, at 51.
Page 259 - French, did then and there feloniously and willfully kill, contrary to the form of the statute in such case made and provided, and against the peace of the people of the state of New York and their dignity.
Page 603 - such is the case in civil or criminal prosecutions for a penalty for doing an act which the statutes do not permit to be done by any persons, except those who are duly licensed therefor : as for selling liquors, exercising a trade or profession, and the like.