Noah Haynes Swayne

“ Conceding the bond to have been wholly void in both aspects, it does not by any means follow that it could not thereafter, under any circumstances, be enforced as between the parties, or that there is such error in the judgment that it must necessarily be reversed.
A corporation is liable for negligent and malicious torts, including libel, assault and battery, malicious prosecution, and false imprisonment. In such cases the plea of ultra vires is unavailing. ”

“ These claims give us jurisdiction. Whether they are well founded remains to be considered. Jurisdiction is only 'the right to hear and determine.' The result of its exercise is the judgment of the court.
That the ordinance of secession was void is a proposition we need not discuss. The affirmative has been settled by the arbitrament of arms and the repeated adjudications of this court. Texas v. White, 7 Wall. 700; Hickman v. Jones, 9 id. 197; Dewing v. Perdicaries, 96 U.S. 193. It was supplemented and complemented by the statute authorizing the bond to be taken. ”

“ De non apparentibus et non existentibus, eadem est ratio. 'If the contract be executed, however, that is, if the wrong be already done, the illegality of the consideration does not confer on the party guilty of the wrong the right to renounce the contract; for the general rule is, that no man can take advantage of his own wrong, and the innocent party, therefore, is alone entitled to such a privilege.' 1 Story, Contr., sect. ”

“ Or a right must have been claimed under the Constitution, or a treaty, or law of, or by virtue of a commission held or authority exercised under, the United States; and the decision must have been against the right so claimed. ”