Court party

“ Upon the strictest rules which govern in Courts of common law, objections to the regularity of the process, to enforce an appearance, would be considered as removed by the appearance of the party, and pleading to the merits. ”

“ I am not aware that any doubt has ever been entertained by any one, that controversies to which the United States are a party, come under the appellate jurisdiction of this court in this distribution of jurisdiction by the constitution. ”

“ But where in this decision is found any warrant for holding that a legislative judge shall not hold his office during the term of four years, when the act of congress, the instrument of his existence, says he shall so hold. The judges in either case are just what the instrument to which they owe their origin makes them; in the one case, during good behavior; in the other, during four years. And it is no more within the power of any third party to remove the incumbent in the one case than in the other. ”

“ The whole world, it is said, are parties in an admiralty cause; and, therefore, the whole world is bound by the decision. The reason on which this dictum stands will determine its extent. Every person may make himself a party, and appeal from the sentence; but notice of the controversy is necessary in order to become a party, and it is a principle of natural justice, of universal obligation, that before the rights of an individual be bound by a judicial sentence, he shall have notice, either actual or implied, of the proceedings against him. ”

“ Provision is made for the election of five party judges of the Supreme Court, the proscription of four circuit judges, and the appointment of party clerks in more than half the counties of the State. Men professing respect for public opinion, and acknowledged to be leaders of the party, have avowed in the halls of legislation that the change in the judiciary was intended to produce political results favorable to their party and party friends. ”

“ When an adjudication on dissolution of a political party is requested, a decision on the provisional remedies is rendered, or the adjudication is brought to an end, the President of the Constitutional Court shall notify the facts to the National Assembly and the National Election Commission. (2) The written decision ordering dissolution of a political party shall also be served, in addition to the defendant, on the National Assembly, the Executive and the National Election Commission. ”

“ There is privity between officers of the same government so that a judgment in a suit between a party and a representative of the United States is res judicata in relitigation of the same issue between that party and another officer of the government. ”

“ The act of Congress proceeds upon an acknowledgment of the maxim, 'that a man should not be a judge in his own cause,' and requires a judge found in that predicament, on the motion of either party, to make an order for the removal of the cause to another competent jurisdiction. ”

“ It assumes that the entire subject-matter is or is not, in every mode of presentation, a judicial controversy, essentially and in its own nature, aside from the will of congress to permit it to be so; and it leaves out of view the fact that the United States is a party. ”

“ We lean to that interpretation of the act which enables the defeated party in such a case in the circuit court of appeals to have, as of right, upon writ of error to that court, a re-examination here of the judgment (the requisite amount being involved) if the correctness of the judgment depends in whole or in part upon the application or construction of the Constitution, or upon the constitutionality of any act of Congress drawn in question. ”

“ The statutes regulating the nomination of candidates by primaries were related by the court to the police power, but were held not to extend to the denial of the right of citizens to form a political party and to determine who might associate with them as members thereof. ”

“ Let us now examine, in what manner the Judicial authority is to be distributed between the Supreme and the inferior Courts of the Union.
The Supreme Court is to be invested with original jurisdiction, only "in cases affecting Ambassadors, other public Ministers, and Consuls, and those in which a State shall be a party." Public Ministers of every class are the immediate representatives of their Sovereigns. ”

“ The 'defeated party in equity' is generally the one who takes the appeal, and does not, therefore, require notice, but must give it. We can see no use or sense in that word in that connection. The purpose of the act, the remainder of the section in which the word is used, and the impossibility of any other reasonable meaning, requires that the word should be construed 'opposite party,' or 'successful party,' or 'adverse party;' in a word, the party who does not appeal in an equity suit, and who is interested to oppose the appeal. ”

“ It does not and cannot, in the nature of things, conclude either party upon the merits of the matter in controversy, and the plaintiffs, or any one of them, should be at liberty to bring another bill, with proper parties, in regard to the subject-matter of the first one. ”

“ If in the past the Legislature has attempted to infringe that right and such infringement has not been gainsaid by the courts, the fact constitutes no reason for our disregarding the considered decision of the state's highest court. The legislative assembly of the state, so far as we are advised, has never attempted to prescribe or to limit the membership of a political party, and it is now settled that it has no power so to do. ”

“ A defeated party who applies for a rehearing and does not appeal from the judgment or decree within the time limited for so doing, takes the risk that he may lose his right of appeal, as the application for rehearing, if the court refuse to entertain it, does not extend the time for appeal. ”

“ Where a party dies, or becomes convict of felony, or insane, or the powers of a party who is a personal representative or committee cease, if such fact occur after verdict, judgment may be entered as if it had not occurred. ”

“ The Democratic party has never hitherto failed to supply in the court of last resort judges of undoubted moral and official purity and integrity, who have commanded the confidence and reverence of the whole people, and who have, by their abilities and professional learning, illustrated the jurisprudence of our State and country. ”

“ The opinion quotes the clause of the constitution which declares that the judicial power shall extend to all cases to which the United States shall be a party, and says that this means, mainly, where it is a party plaintiff. It then refers to the statute of congress which expressly directs the United States district attorneys to bring suits in behalf of the government, and that the suits thus brought by them are to be under the immediate superintendence and control of the attorney general. ”

“ III federal courts to render advisory opinions, or to entertain 'friendly' suits, or to resolve 'political questions,' because suits of this character are inconsistent with the judicial function under Art. III. But where a dispute is otherwise justiciable, the question whether the litigant is a 'proper party to request an adjudication of a particular issue,' is one within the power of Congress to determine. ”

“ While the party who has a case for removal is not put to his election to exercise or abandon the right to remove at the moment of entering his appearance, he is not permitted unreasonably to delay this election during all the period incident to the preparation of the case, until both parties find themselves in condition to go to trial at law, or are ready for a hearing in chancery. ”

“ But in the desire to do that justice, which in many cases the courts can see will be defeated by an extreme extension of this principle, they have in some instances gone a long way in holding the state not to be a necessary party, though its interests may be more or less affected by the decision. ”

“ The principle is that where one party has by his representations or his conduct induced the other party to a transaction to give him an advantage which it would be against equity and good conscience for him to assert, he would not in a court of justice be permitted to avail himself of that advantage. ”

“ A party harangue little comports with the temperate and learned charges to be delivered by the president of a court. The character of an electioneering partisan, whose rostrum is a stump, or whose stage is the head of a hogshead, is utterly inconsistent and incompatible with that of a grave and upright judge. ”

“ The inquiry how far a party to a negotiable instrument may be heard in a court of law to impeach or invalidate that instrument in the hands of another, is one which has led to considerable discussion and to different conclusions in the courts both of England and in this country. ”

“ When an impeachment decision is rendered against him or her; or When he or she is criminally sanctioned with a sentence of imprisonment without forced labor or more severe sentence. Article 9 (Prohibition of Justices' Participation in Politics) No Justice shall join a political party or participate in politics.
Article 10 (Rulemaking Power) (1) The Constitutional Court may make rules of adjudication procedure, internal discipline and management of general affairs, to the extent that those are not inconsistent with this Act and other laws. ”

“ He had such a jurisdiction as the secretary of the treasury deemed competent. And as he has exercised it, and the paper has been used as an affidavit or sworn paper by the party, the objection of the want of jurisdiction will not lie.
It is not necessary at common law, in a prosecution for perjury, to show that the oath was expressly directed by an act of parliament. Perjury may be committed in false swearing in a court of equity, ecclesiastical, military or maritime. 1 Hawk. ”

“ When the attorney-general is brought into a suit between third persons as the representative of the crown, and to protect its rights, though possessed of some privileges which do not belong to private persons, he is not only called a party, but he is treated as one. ”

“ A party opposing a motion for summary judgment "may not rest upon the mere allegations or denials of such party's pleading," but the objecting party's response "must set forth specific facts showing that there is a genuine issue for trial." ”

“ Be all these things as they may, the general assembly was constituted as the tribunal to conduct and supervise the contest. It approved what took place, and it is familiar law that no question can be raised in the courts as to the honesty or integrity of the members of the legislature in the discharge of their duties. Whatever of purity or honesty may be in fact lacking in the conduct of any one of them is a matter to be inquired into between his constituents and himself, and it is no part of the province of the judiciary to challenge or question the integrity of his action. ”

“ It expresses characteristically and satisfactorily the general view of a very large body of American citizens who are profoundly interested in public affairs, but who are not dragged at the wheels of party. They are, in fact, the tribunal to which all party orators appeal. When members of Congress and party orators speak of appealing to the country and invoking the verdict of the people, they do not mean people who vote according to the label of the package, but according to its contents. ”

“ The rights of parties must be decided according to the established law of the land as declared by the legislature, or expounded by the courts, and not according to what the jury, in their own opinion, may suppose the law is, or ought to be ”

“ It is evident that, in order to avoid consequences so grave, the determination of the result of this Presidential election should be confided to a tribunal whose verdict will command universal confidence, and in order to command universal confidence in times of excited party feeling the tribunal should be as far as possible removed from party strife, party interest and party ambition. ”

“ The fifth section of the first article of the Constitution authorizes 'each house to determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.' This power is evidently given to enable each house to exercise its constitutional function of legislation unobstructed. It cannot vest in Congress a jurisdiction to try a member for an offense committed before his election ”

“ And Congress have an equal right to apply a like provision to all other acts of all other officers done under color of office, and the trial by jury may, in suits at common law, be completely taken away in all such cases, and the right of final decision be exclusively vested in the executive, or in any other public functionary, at the pleasure of Congress. ”

“ Clearly, where it would be necessary to reopen the record to admit new evidence to decide a contention which a party attempts to raise under Rule 155, the issue is a new issue which may not be raised in a Rule 155 computation. ”

“ The committee was acting under a resolution of the house of delegates, and in pursuance of a law of the state, giving power to committees of either house, authorized to sit during recess, to enforce obedience to summonses issued by them; and if they did not have the power they assumed to exercise, it was because the resolution or law, or both, was or were repugnant to the state Constitution, and the courts of the state are the appropriate tribunals for the vindication of the state Constitution and laws. ”

“ In other words, that congress is invested not only with expressed, but with implied, legislative powers; that the judiciary is invested not only with express powers granted in the constitution as its share of the government, but with all the judicial powers which have not been expressly withheld from it ”