Report of the West Virginia Bar Association: Including Proceedings of the ... Annual Meeting, Volume 12The Association, 1898 - Bar associations Includes a directory of members. |
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Page 59
... issued from the Federal courts has made the cry of " gov- ernment by injunction " more potent than it would other- wise have been in exciting the fears of conservative men . There are not wanting cases however in which the State ...
... issued from the Federal courts has made the cry of " gov- ernment by injunction " more potent than it would other- wise have been in exciting the fears of conservative men . There are not wanting cases however in which the State ...
Page 68
... issued by Chief Justice Taney to enlarge a military pris- oner confined in Fort McHenry.3 If he had yielded in that ... issued an attachment for the arrest of General Lewis , commanding a mili- tary post in time of actual war , for ...
... issued by Chief Justice Taney to enlarge a military pris- oner confined in Fort McHenry.3 If he had yielded in that ... issued an attachment for the arrest of General Lewis , commanding a mili- tary post in time of actual war , for ...
Page 77
... issued , but afterwards recalled , ordering him not to execute it . President Jefferson resisted this attempt on the part of the judicial branch of the government to coerce the executive branch and to compel him to deviate from his own ...
... issued , but afterwards recalled , ordering him not to execute it . President Jefferson resisted this attempt on the part of the judicial branch of the government to coerce the executive branch and to compel him to deviate from his own ...
Page 78
... issued by Chief Justice Taney to enlarge a military prisoner held in Fort McHenry . These examples show that the judiciary possess no more than a moral power , and that they are powerless to enforce their judgments and decrees in the ...
... issued by Chief Justice Taney to enlarge a military prisoner held in Fort McHenry . These examples show that the judiciary possess no more than a moral power , and that they are powerless to enforce their judgments and decrees in the ...
Page 130
... issued and his goods seized and carried off , and may be advertised and sold in ten days ! It may be said that the tenant by this process is only called upon to pay his debt and has no room for complaint . The fact that he is required ...
... issued and his goods seized and carried off , and may be advertised and sold in ten days ! It may be said that the tenant by this process is only called upon to pay his debt and has no room for complaint . The fact that he is required ...
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amendment American annual meeting appointed authority Bar Association bench bill Charleston Circuit Court cities civil clients commission COMMITTEE ON LEGAL Congress constitution contempt corporation County court of equity creditors crime criminal debts decide decision departments distress doctrine of Judicial Dred Scott decision duty E. L. Godkin elected enforce England enjoin Executive Council fact Federal courts feudal Greenbrier County habeas corpus Highland County increase invisible Jackson Judge Snyder Judge Woods Judicial Supremacy judiciary jurisdiction jury justice king labor lawyer legislative Legislature lords matter ment moral municipal never opinion overruled Parkersburg political practice President prevent principle profession property tax punishment question real estate reason remedy rent restrain result revenue rule sense settled Seven Days battles shyster stare decisis statute Supreme Court taxation tenant tion trial United VIRGINIA BAR ASSOCIATION West Virginia witness writ of injunction
Popular passages
Page 146 - Prayer is the simplest form of speech That infant lips can try ; Prayer the sublimest strains that reach The Majesty on high. 4 Prayer is the Christian's vital breath, The Christian's native air, His watchword at the gates of death ; He enters heaven with prayer. 5 Prayer is the contrite sinner's voice, Returning from his ways, While angels in their songs rejoice, And cry,
Page 137 - Lives of great men all remind us We can make our lives sublime, And, departing, leave behind us, Footprints on the sands of time; Footprints, that perhaps another, Sailing o'er life's solemn main, A forlorn and shipwrecked brother, Seeing, shall take heart again.
Page 67 - ... if the policy of the Government upon vital questions • affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal.
Page 61 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 57 - Due process of law in each particular case means such an exertion of the powers of government as the settled maxims of law permit and sanction, and under such safeguards for the protection of individual rights as those maxims prescribe for the class of cases to which the one in question belongs.
Page 66 - If the opinion of the supreme court covered the whole ground of this act, it ought not to control the co-ordinate authorities of this government. The congress, the executive, and the court, must each for itself be guided by its own opinion of the constitution.
Page 67 - I do not forget the position assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases, by all other departments of the Government.
Page 87 - He had before stated to their lordships—but surely of that it was scarcely necessary to remind them—that an advocate, in the discharge of his duty, knows but one person in all the world, and that person is his client To save that client by all means and expedients, and at all hazards and costs to other persons, and, among them, to himself, is his first and only duty ; and in performing this duty he must not regard the alarm, the torments, the destruction which he may bring upon others.
Page 66 - My construction of the constitution is very different from that you quote. It is that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the constitution in the cases submitted to its action ; and especially, where it is to act ultimately and without appeal.
Page 13 - And the said association is formed to cultivate the science of jurisprudence, to promote reform in the law, to facilitate the administration of justice, to elevate the standard of integrity, honor and courtesy in the legal profession, and to cherish the spirit of brotherhood among the members thereof.