Claim (law)

“ But it is said that the words "he shall be delivered up on claim," &c., require positive legislation to prescribe the manner in which the claim shall be made. It is argued that the word "claim" necessarily implies legislation "to protect the right and enforce the delivery "of the property claimed." The Court says on page 615: "A claim is to be made. What is a claim? It is, in a just juridical sense, a demand of some matter as of right made by one person upon another, to do or to forbear to do some act or thing as a matter of duty. ”

“ And even with help—it is a plague and a mystery till the true meaning has been settled—settled!—by adjudication: that is, by others in authority, the priesthood and the patriarchs, who, under the name of judges, are paid for all the thinking, as lawyers are paid for all the talking to no purpose, permitted at law: for, be it known to all whom it may concern, that is, to all the non-lawyers of our land, that no private interpretation of law is of any authority at law: nor is the right of private judgment recognized or allowed or tolerated or endured in courts of justice! ”

“ The argument that there is a distinction between claims 'arising under' (Judicial Code, § 24, first) and those 'founded upon' (id. § 24, twentieth) a law of the United States rests on the inadmissible premise that the great act of justice embodied in the jurisdiction of the court of claims is to be construed strictly and read with an adverse eye. ”

“ Such a judgment, it is provided by the statute, may be re examined by this court. Can it be rationally contended that such a judgment as the statute describes can be affirmed of a proceeding which on its face declares that no conclusion upon any fact or circumstance, nor on any question of law connected with it, has been formed? That all that has occurred is a mere formality, and nothing more, and has been adopted expressly to avoid a judgment. ”

“ Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. ”

“ That by the law of this Kingdom no papist can be King or Queen of this Realm, nor bear any office whatsoever therein; nor can any Protestant successor exercise the regal power, until he or she swear the Coronation Oath ”

“ Indeed, upon general principles of jurisprudence, has it not always been the law that men, forced to reach conclusions, must be kept free from even the possibility of civil, much less criminal liability, for error in the conclusions that they may reach? ”

“ No doubt it is true that a legislative declaration of facts that are material only as the ground for enacting a rule of law, for instance, that a certain use is a public one, may not be held conclusive by the Courts. ”

“ Ct. 187, 189, 'A case may be said to involve the construction or application of the constitution of the United States when a title, right, privilege, or immunity is claimed under that instrument; but a definite issue in respect to the possession of the right must be distinctly deducible from the record before the judgment of the court below can be revised on the ground of error in the disposal of such a claim by its decision.' Cornell v. ”

“ That the disarming of Protestants and employing papists in the places of greatest trust, both civil and military, the thrusting out of Protestants, to make room for papists, and the entrusting papists with the forts and magazines of the Kingdom are contrary to law;
That the imposing oaths without authority of Parliament is contrary to law ”

“ To justify any interference upon our part, it is necessary to show that the course pursued has deprived, or will deprive, the plaintiff in error of his life, liberty, or property without due process of law. ”

“ In proceeding to consider the various kinds of precedents and the methods of their operation, we have in the first place to distinguish between those decisions which are creative of the law and those which are merely declaratory of it. A declaratory precedent is one which is merely the application of an already existing rule of law; an original precedent is one which creates and applies a new rule. ”

“ The rules of the court of claims, made under regulations prescribed by this court, provided for further action to perfect the right acquired by the party, which was made necessary by certain statutes under which only questions of law could be brought here for review. ”

“ But if subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed, or its obligation denied * * * (and) where individual rights * * * are sacrificed for national purposes * * * the court must decide according to existing laws, and if it be necessary to set aside a judgment * * * which cannot be affirmed but in violation of law, the judgment must be set aside.' At 110. ”

“ A statement of facts agreed by the parties, or, technically speaking, a case stated, in an action at law, doubtless waives all questions of pleading, or of form of action, which might have been cured by amendment, but it cannot enable a court of law to assume the jurisdiction of a court of equity. ”

“ Certain general clauses, e.g., that pledging that justice should neither be bought nor sold, and that prescribing that a freeman might not be imprisoned, outlawed, or dispossessed of his property save by the judgment of his peers or by the law of the land, meant in effect considerably less than they sometimes have been interpreted to mean. ”

“ Where the law gives no rule, the demand of the plaintiff must furnish one; but where the law gives the rule, the legal cause of action, and not the plaintiff's demand, must be regarded.' The amount of damages laid in the declaration, however, in cases where the law gives no rule, is not conclusive upon the question of jurisdiction ”

“ No principle is better settled, or of more universal application, than that no court can reverse or annul its own final decrees or judgments, for errors of fact or law, after the term in which they have been rendered, unless for clerical mistakes ”

“ The precedent is one which has not received the approbation of jurists, and is not to be followed. See W. B. Lawrence, 2d ed. Wheaton's Element of Int.Law, pt. 4, ch. 1. sec. 11, and note. But, admitting its full weight, it affords no authority in the present case. ”

“ That the taking the children of noblemen, gentlemen, and others, sending and keeping them abroad to be bred papists, the making fonds and dotations to popish schools and colleges, the bestowing pensions on priests, and the perverting Protestants from their religion by offers of places, preferments, and pensions are contrary to law ”

“ That all proclamations asserting an absolute power to cass, annul, and disable laws, the erecting schools and colleges for Jesuits, the inverting Protestant chapels and churches to public mass houses, and the allowing mass to be said are contrary to law ”

“ Alleging irreparable injury and a substantial uncertainty of legal relations (a local procedural requisite for a declaration) , plaintiffs ask a declaratory judgment that §§ 53-32 and 54-196 are unconstitutional, in that they deprive the plaintiffs of life and liberty without due process of law. ”

“ Suppose, however, that I am wrong in the principles which I have endeavored to establish, and that the captors can have a decree in their favor in this case; let me enquire whether the claims above alluded to are not sufficient? All that is necessary for the claim is to deny the material allegations in the libel. The allegation here is that the property is enemy's property, and as such liable to be condemned. This allegation is expressly denied by the claim. Nothing more is ever required in a claim. ”

“ Evidence of the kind may be admitted for the purpose of defining what is uncertain, but it is never properly admitted to alter a general rule of law, nor to make the legal rights or liabilities of the parties other or different from what they are by the common law. ”

“ A law, instead of having more meanings than one, may have none at all, the different parts of it being repugnant, so as to destroy each other’s significance. In this case it is the duty of the judicature to ascertain in some other way the true sententia legis, and to correct the letter of the law accordingly. ”

“ With respect to itself no reason is perceived for yielding to them a further conclusiveness than is allowed to the judgments and decrees of Courts of common law and equity. They bind the subject matter as between parties and privies. ”

“ The Census says that during the last decade there has been a twenty per cent, increase of the total population, but the Hindu rate of increase has not kept pace with that of the population as a whole. It points out that the Christian missionaries have made many converts among the depressed classes during the past ten years, and estimates the Christian converts at 26,700 persons for that period. The missionaries would, no doubt, place the figures much higher, for they claim to make 7,000 converts each year in the Hyderabad State at the present time. ”

“ Wherever, by either the common law or the statute law of a State, a right of action has become fixed and a legal liability incurred, that liability may be enforced and the right of action pursued in any court which has jurisdiction of such matters and can obtain jurisdiction of the parties. ”

“ Now, the question arises, What proceedings are meant by the phrase 'suits of a civil nature at common law or in equity,' in the latter section, conferring original jurisdiction, and the phrase 'a suit,' in the former section, giving the right of removal? ”

“ The justice of a claim, and its assignable properties, are totally distinct, both from the question of its present or future character, and from the nature and even existence of a remedy. The assignable character of a thing depends on nothing technical, or choses in action would not pass. But upon the existence of right, abstracted from the consideration of present or future enforcement, or the susceptibility of enforcement at all, from the possible want of a precise remedy. ”

“ The same considerations which have been urged to show that an act alone, by itself, does not and ought not to impose either civil or criminal liability, apply, at least frequently, to a series of acts, or to conduct, although the series shows a further co-ordination and a further intent. ”

“ They have the right to pass across, and the right to pass over the streets of the cities; and in estimating the proof for the plaintiff and the defendant in this case, it is your duty to look upon the relations of each to the other, and the rights of one citizen with another in a common enjoyment and a common right, and answer, yourselves, the question, Have these relative rights been offended in this case, as made manifest by the proof? ”

“ Its interpretation is accepted as the true interpretation, whatever may be our opinion of its original soundness. It becomes a part of the statute, as much so as if incorporated into the body of it, and in following the statute as thus interpreted we only apply to a local question the law of the place. ”

“ The spirit of the rule which is claimed in this case should go further to protect a plaintiff showing some right, although not the whole right, than to maintain that one can sue who has shown no right at all. ”

“ The term act is very commonly restricted to intentional acts, but this restriction is inadmissible in law. Intention is not a necessary condition of legal liability, and therefore cannot be an essential element in those acts which produce such liability. ”

“ For we hold the law to be, that where two or more persons are associated together for the same illegal purpose, any act or declaration of one of the parties, in reference to the common object, and forming a part of the res gesta, may be given in evidence against the others ”

“ These authorities, to which many more might added, are full and express to the point, that where a deed is the foundation of the claim, and can still be regarded as subsisting and in full force between the parties, the action to enforce its provisions must be upon the instrument itself. ”

“ In the absence of all positive authority, it might be proper to resort to these principles, in aid of the manifest purposes of the law. But there are express statuteable provisions, which directly apply to the present case. ”

“ This ruling is analogous to that of the ancient and universal rule relating to damages in common-law actions; namely, that a wrong-doer shall be held responsible only for the proximate, and not for the remote, consequences of his actions. ”

“ These adjudications, it is claimed, constitute the law of this case, and should be followed, as of obligation, without reference to the time when they were made, or to any opinion we may entertain as to the soundness of the principles announced. ”

“ Unless this be the law, we have the anomaly of a distinct class of actions subject to no limitation whatever,-a class of privileged plaintiffs who, in this particular, are outside the pale of the law, and subject to no limitation of time in which they may institute their actions. ”