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action agent amendment amount appear applied assignment attachment authority Bank Bank of Tennessee bankrupt bill bond cause Chancellor charge citizen claim common carrier common law Constitution contract conveyance corporation court of equity creditors damages debt debtor decision declared decree deed defendant delivered doctrine eminent domain English entitled estoppel evidence execution fact feme covert feme sole fraud give held holder husband indorser interest issue John Judge judgment jurisdiction jury Justice land lawyers Legislature levy liable lien matter ment mortgage negligence notice officer opinion owner paid partner partnership party payment person plaintiff possession principle proceedings promissory note purchaser purpose question railroad reason recover replevin resulting trust rule separate estate settlement sold statute statute of frauds suit Supreme Court Tennessee testator tion trial trust United usury vendee vendor void wife
Page 278 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 499 - For no country ever takes notice of the revenue laws of another. " <The objection, that a contract is immoral or illegal as between plaintiff and defendant, sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy...
Page 704 - 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 478 - The Legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of individuals inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals rights, privileges, immunities Or exemptions, other than such as may be, by the same law, extended to any member of the community who may be able to bring himself within the provisions of such law.
Page 278 - Everything which may pass under the form of an enactment is not, therefore, to be considered the law of the land. If this were so, acts of attainder, bills of pains and penalties, acts of confiscation, acts reversing judgments, and acts directly transferring one man's estate to another, legislative judgments, decrees and forfeitures in all possible forms, would be the law of the land.
Page xiii - Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed; or perpetrated by any act greatly dangerous to the lives of others and evidencing a depraved mind, regardless of human life — is murder...
Page 278 - The meaning is that every citizen shall hold his life, liberty, property and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not therefore to be considered the law of the land.
Page 181 - The carrier and his customer do not stand on a footing of equality. The latter is only one individual of a million. He cannot afford to higgle or stand out and seek redress in the courts. His business will not admit such a course. He prefers, rather, to accept any bill of lading, or sign any paper the carrier presents; often, indeed, without knowing what the one or the other contains. In most cases, he has no - alternative but to do this, or abandon his business.
Page 707 - Jurisdiction is acquired in one of two modes : first, as against the person of the defendant, by the service of process ; or, secondly, by a procedure against the property of the defendant within the jurisdiction of the court. In the latter case the defendant is not personally bound by the judgment, beyond the property in question. And it is immaterial whether the proceeding against the property be by an attachment or bill in chancery. It must be substantially a proceeding in rem.