Legal charge

“ Hence, the complainant must show in himself an apparent prima facie right of property or action, to the subject-matter of the injunction, as well as an injury intended or threatened by the defendant, which, if done, cannot be compensated by damages or adequate legal remedies, and can be effectually averted only by the protecting preventive power of a court of equity. ”

“ 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 ”

“ A slave is liable to fine for his crimes; his master shall either pay his fine for him or sell him to pay the fine, if the price exceeds the fine. If the fine exceeds the price, the slave shall be held personally responsible.
88. In case the plaintiff can not produce evidence or witness, the defendant shall take the oath. But if the defendant refuses to take oath, the plaintiff shall take oath and confirm the charge. ”

“ The power to charge being coupled with the condition that the charge shall be reasonable, the state is left free to act on the subject of reasonableness, within the limits of its general authority, as circumstances may require. ”

“ Justice FIELD, 'it appears from the inspection of the record of a court of general jurisdiction that the defendant, against whom a personal judgment or decree is rendered, was at the time of the alleged service without the territorial limits of the court, and thus beyond the reach of its process, and that he never appeared in the action, the presumption of jurisdiction over his person ceases, and the burden of establishing the jurisdiction is cast upon the party who invokes the benefit or protection of the judgment or decree. ”

“ There was the remitting of a fine imposed by a judge in excess of his authority in acting without warrant of law. Assuming, therefore, that this application is properly before us, we come to the second question of whether, by the proceedings in court, the legal rights of the petitioner have been infringed, from which she has suffered. ”

“ Whenever the law provides a remedy enforceable in the courts according to the regular course of legal procedure, and that remedy is pursued, there arises a case within the meaning of the Constitution, whether the subject of the litigation be property or status. ”

“ A man is HELD to answer a charge, &c., &c. In all these cases the word “hold” implies a perfect obligation or certain liability. But a man is “CHARGED” with an offence when a grand jury has found an indictment against him, or when a competent person has made the requisite oath. ”

“ It is plain that such court has jurisdiction to render a particular judgment only when the offense charged is within the class of offenses placed by the law under its jurisdiction, and when, in taking custody of the accused, and in its modes of procedure to the determination of the question of his guilt or innocence, and in rendering judgment, the court keeps within the limitations prescribed by the law, customary or statutory. When the court goes out of these limitations, its action, to the extent of such excess, is void. ”

“ The code expressly says, that any person may sue out an attachment in the Chancery Court, upon debts or demands of a purely legal nature, except causes of action founded on torts, whenever the amount in controversy is sufficient to give the court jurisdiction. ”

“ Any person, who, under color of any law, statute, ordinance, regulation, custom, or usage of any State, shall subject, or cause to be subjected, any person within the jurisdiction of the United States, to the deprivation of any rights, privileges, or immunities, secured by the Constitution of [Pg 126] the United States, shall, any such law, statute, ordinance, regulation, custom, or usage of the State to the contrary, notwithstanding, be liable to the party injured in any action at law, suit in equity, or other proceeding for redress ”

“ When a judgment for a fine is rendered by a court of record having jurisdiction in criminal cases, the court may also provide, as a part of the judgment, that the defendant be imprisoned until the fine is paid. ”

“ This charge presented in a clear and, as we believe, correct light a sound view of the question of damages as it relates to this case. To it no exception was taken, nor to any part of it. On the whole, we do not find any error in the record, and the judgment of the circuit court is accordingly affirmed. ”

“ If the court-martial has jurisdiction of the principal charge and of some or all of the specifications under it, the additon of the second charge, with its specifications, affords no ground for issuing a writ of prohibition. The evidence taken before the court-martial is not produced or relied on by the petitioner. ”

“ The penalty for a second offense is being disabled from suing or pleading any action in any court, being guardian of any child, or executor or administrator of any estate, or receiving any legacy or deed of gift and imprisonment for three years without bail or mainprize. ”

“ The repeal is not to affect in any manner any 'suit or prosecution.' The definition is thus given of the term suit 'the lawful demand of one's right,' or, in the words of Justinian, 'jus prosequendi in judicio quo alicui debetur.' 3 Blackstone's Commentaries, 116. If a 'suit' means the lawful demand of one's right, there necessarily must be some one to make the demand, and some one of whom the demand is made, through the medium of a court, and these parties receive the names of plaintiff and defendant. ”

“ The act of 20th of April 1777, ch. 13, for the more speedy and effectual recovery of common-law fines and forfeited recognisances, provides, that where any fine shall be enforced by any court of record, for any common-law offence, on any person, it shall be lawful for the attorney-general, or either of his deputies, to order a writ of capias ad satisfaciendum, or a writ of fieri facias, to be issued for the recovery of the sum due thereon, on which writs such proceedings shall and may be had, as in cases where similar writs are issued on judgments obtained in personal suits. ”

“ But he shall not pay a fine. The judge shall not assess a fine for the non-payment of his fine. (45) If a man claims a piece of property or an inheritance, he shall not bribe the judge in order to secure a favorable decision. If a man enters a suit against another [but in the meantime the matter is settled out of court] , he shall pay nothing except the fee of the judge. (46) If a man who has been wounded does not wish to make charges against anyone, the judge cannot compel him to do so. (47) If a man is outlawed or condemned, no one but his heirs shall take his property. ”

“ Errors alleged at the trial, as stated in the bill of exceptions, have respect to so much of the charge of the court as relates to the notice to the defendant of the pendency of the suit in which the injured party recovered judgment against the corporation, and also to so much of the charge of the court as relates to the construction of the area described in the declaration. ”

“ 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. ”

“ Justice and the protection of society unite in saying that it is high time such a crime was punished.
3. Because no sufficient exception was taken. The entire charge of the court fills about 37 closely-printed pages of the record. If reprinted here, it would make nearly 75 pages of this volume. With the exception of two or three short instructions at the close, it does not consist of separate instructions, but is one continuous charge. ”

“ So that the proceeding by which the fine and imprisonment imposed upon these parties for contempt in violating the injunction of the court, regularly issued in a suit to which they were parties is due process of law, and always has been due process of law, and is the process or proceeding by which courts have from time immemorial enforced the execution of their orders and decrees, and cannot be said to deprive the parties of their liberty or property without due process of law. ”

“ Provided, That all persons may elect to sue for the penalties aforesaid, or to proceed under their rights at common law and by State statutes; and having so elected to proceed in the one mode or the other, their right to proceed in the other jurisdiction shall be barred: But this provision shall not apply to criminal proceedings, either under this act or the criminal law of any State: and provided further, That a judgment for the penalty in favor of the party aggrieved, or a judgment upon an indictment, shall be a bar to either prosecution respectively. ”

“ In our constitutional system, the Legislature makes legal policy judgments regarding the particular circumstances that trigger the consequences that are associated with criminal convictions. Accord, United States v. ”

“ After the close of the April Term, and in the vacation next following, the judge of the court, on application of the defendants, granted an order upon the plaintiffs to show cause why the defendants should not have leave inter alia to make and serve a case or bill of exceptions, containing the evidence given at the trial, special findings of fact and law, and such exceptions thereto as the defendants might desire to make, and why such case or bill of exceptions when made and settled should not be filed, nunc pro tunc, as of the term when the judgment was entered. ”

“ The statute, being general in its application, embracing all persons under substantially like circumstances, and not being an arbitrary exercise of power, does not deny to the defendant the equal protection of the laws. ”

“ But I cannot concur in so much of the opinion as intimates that under an act of congress making an appropriation for the prosecution of crime, under the direction of the attorney general, the attorney general has a discretion to direct any portion of it to be paid to one of an class of persons who are forbidden by a previous act from receiving any additional pay or compensation beyond such as is allowed to them by law. ”

“ And be it further Enacted by the Authority aforesaid, That if any Action or Suit shall be Commenced or Brought against any Person or Persons whatsoever, for doing or causing to be done any thing in pursuance of this Act, the Defendants in such Action may Plead the General Issue, and give the Special Matter in Evidence; and if upon such Action a Verdict be given for the Defendant, or the Plaintiff become Nonsuited, or Discontinue his Action, then the Defendant shall have and recover his full Costs, for which he shall have the same Remedy as a Defendant in any case by Law hath. ”

“ Whether or not the Court of Claims has jurisdiction in a case such as the present, is a question which we do not propose now to determine, for we are of opinion that if that court had jurisdiction, it erred in giving judgment for the plaintiff. ”

“ In the English courts, when it is made to appear that property of the government ought, in justice, to contribute to a general average, or to salvage, it seems to be the usual course of proceeding for the proper officer of the government to consent in court that it may take jurisdiction of the matter. ”

“ The right to fix reasonable charges has been granted, but the power of declaring what shall be deemed reasonable has not been surrendered.'
The remaining questions may be briefly disposed of. The complainants were not entitled to have the court below substitute its judgment for that of the commission, or determine the matters which properly fell within the province of that body. ”

“ In fairness to the trial court and to the parties, objections to a charge must be sufficiently specific to bring into focus the precise nature of the alleged error. Where a party might have obtained the correct charge by specifically calling the attention of the trial court to the error and where part of the charge was correct, he may not through a general exception obtain a new trial. ”

“ The record stated that the parties came by their attorneys, 'and the issue joined by consent is tried by the court, a jury being waived;' and that the court, having heard the evidence and arguments, 'finds the issue for the plaintiff, and assesses his damages at the sum of $7,173.42; whereupon the defendants enter their motion for a new trial and in arrest of judgment, which, being heard by the court, is overruled,' and judgment rendered for the plaintiff for that sum and costs. ”

“ Lord Hale says, 'If it appear by the return of the writ that the party be wrongfully committed, or by one that hath not jurisdiction, or for a cause for which a man ought not to be imprisoned, he shall be discharged or bailed.' 2 Hale's H. P. C. 144.
Chief Baron Gilbert says, 'If the commitment be against law, as being made by one who had no jurisdiction of the cause, or for a matter for which by law no man ought to be punished, the court are to discharge. ”

“ A litigant may claim the 91assistance of a court of law, not because his rights have been violated, but because they are uncertain. What he desires may be not any remedy against an adversary for the violation of a right, but an authoritative declaration that the right exists. Such a declaration may be the ground of subsequent proceedings in which the right, having been violated, receives enforcement, but in the meantime there is no enforcement nor any claim to it. ”