Legal guardian

“ That the order appointing a guardian is vague, uncertain and void.
7. That the answer of Turner, professing to be guardian, &c. not being under oath, is insufficient and void.
8. That said decree purports to be by counsent, whereas, it appears, that these complainants never appeared to said suit, in person or by guardian, and therefore, never could have assented, and cannot, as minors, be bound by the consent of an attorney. ”

“ In the one case the officers exist, the duty is plain, the plaintiff has a legal right to have these officers perform that duty for his benefit, and the remedy to compel this performance, namely, the writ of mandamus, has been a wellknown process in the hands of the courts of common law for ages. ”

“ Let every one who has the care of an orphan observe this law. But any one who acts contrary to the law on these matters, if he be a guardian of the child, may be fined by a magistrate, or, if he be himself a magistrate, the guardian may bring him before the court of select judges, and punish him, if convicted, by exacting a fine of double the amount of that inflicted by the court. ”

“ If in the state of the forum the general guardian has the right to bring suit in his own name as such guardian, and does so, he is to be treated as the party plaintiff so far as Federal jurisdiction is concerned, even though suit might have been instituted in the name of the ward by guardian ad litem or next friend. ”

“ 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. ”

“ 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. ”

“ 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. ”

“ A guardian, unless his powers in this respect are restricted by statute, is authorized, by virtue of his office, and without any order of court, to sell his ward's personal property, and reinvest the proceeds, and to collect or compromise and release debts due to the ward, subject to the liability to be called to account in the proper court if he has acted without due regard to the ward's interest. ”

“ It is a proceeding in rem, the property itself in custodia legis; and if a guardian had been appointed, it would have been but a desecration of the power of the court, which, in the proceeding before us, was exercised by the court itself, through the agency and instrumentality of its officers.
The rule in respect to adversary suits against infants, requiring the appointment of a guardian, pendente lite, has no sort of application to the proceedings in question. ”

“ But if he did enter as guardian, that guardianship has been long since terminated and the accounts finally settled. There is no authority to prove that a guardian will not be protected by the statute of limitations after his guardianship has terminated. ”

“ 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. ”

“ In this section—
“guardian”, in relation to a person under the age of seventeen, means a person appointed, according to law, to be his guardian by deed or will, or by order of a court of competent jurisdiction; “the statutory restrictions upon the imprisonment of young offenders” has the meaning given by section 39 (1) of the 1961 c. 39.Criminal Justice Act 1961; “sum adjudged to be paid by a conviction” means any fine, costs, compensation or other sum adjudged to be paid by an order made on a finding of guilt, including an order made under section 35 of the 1973 c. ”

“ People's courts, people's procuratorates, and public security organs shall, within their respective functions and duties, ensure that the parties obtain legal aid in accordance with the law, and provide convenience for legal aid workers to carry out their work. ”

“ Just fancy a judge being the guest of a criminal who is being tried before him. Yet, the Protector, when he goes to the estates to enquire about the condition of the men and to hear complaints, can and does often become the guest of the employers. ”

“ Under any such circumstances, the wisdom of Congress has provided the means of protection to all persons sued or imprisoned for any act done or omitted to be done in pursuance of a law of the United States, or any order, process, or decree of any Federal judge or court of competent jurisdiction. ”

“ Such agent shall proceed to collect the proper proof to establish the right of such person to his freedom, and shall perform such journeys, take such measures, institute and procure to be prosecuted such legal proceedings, under the direction of the Governor, as shall be necessary to procure such person to be restored to his liberty and returned to this State. ”

“ The magistrate, if the complaint be made to him, shall issue his warrant to summon the owner before him, and compel him to give bond and security to suffer the complainant to appear at the next court to petition the court to be admitted to sue in forma pauperis. If the owner refuse, the magistrate shall order the complainant into the custody of the officer serving the warrant, at the expence of the master, who shall keep him until the sitting of the court, and then produce him before it. ”

“ No person shall be subject to be twice put in jeopardy for the same offence; nor shall he be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. ”

“ I think when we are called upon, in the exercise of our equitable jurisdiction, to order an attorney to perform a contract, to pay money, or to fulfil an undertaking, there we have jurisdiction only if the undertaking or the contract is made in his character of attorney, or so connected with his character of attorney as to bring it within the power of the court to require that their officer shall behave well as an officer. ”

“ Does a law which, for accidents in certain carefully defined and especially dangerous employments, transfers the liability from the individual to the organization, and which carefully preserves the right of the employer to submit any questions which arise under the law to the courts for adjudication, deprive the employer of his property without due process of law? The Court of Appeals of New York State affirms that it does. ”

“ The holding of the Court today amounts to this: that regulations which impose no duty and determine no rights may be reviewed at the instance of a person who alleges no injury, to settle whether a future application of the regulations that may never occur would be valid. ”

“ Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 203, a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person aggrieved and, upon timely application, the court may, in its discretion, permit the Attorney General to intervene in such civil action if he certifies that the case [p265] is of general public importance. ”

“ Anyone caught in the act of digging up the King's road, felling a tree across it, or attacking someone so that his blood spilled on it shall pay a fine to the King. All freemen shall have a surety who would hand him over to justice for his offenses or pay the damages or fines due. If an accused man fled, his surety would have a year to find him to obtain reimbursement. ”

“ Our decision today speaks to the interpretation of a statute, to the requirements of the law, and not to the professional responsibility of the lawyer. Lawyers, like all those who practice a profession, have obligations to their calling which exceed their obligations to the State. Lawyers also have obligations by virtue of their special status as officers of the court. Accepting a court's request to represent the indigent is one of those traditional obligations. ”

“ The rights of the people to be secured in their persons [,] their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing the places to be searched, or the persons or things to be seized. ”

“ The court thereupon, at the request of the plaintiff's counsel, instructed the jury as follows: 'But the above rule is subject to the following limitation or exception, viz: That the master or employer, whether a natural person or a corporate body, is legally bound to use due care not to expose the servant, when conducting the master's business, to perils or hazards against which he may be guarded by proper diligence upon the part of the master.' To this the defendant, by its counsel, duly excepted. ”

“ It is firmly established that a court of justice cannot acquire jurisdiction over the person of a defendant, 'except by actual service of notice within the jurisdiction upon him, or upon someone authorized to accept service in his behalf, or by his waiver, by general appearance or otherwise, of the want of due service.' Goldey v. ”

“ The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States. A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime. ”

“ The act permits the court, in the cases mentioned in the 3d section, not only to take security for assets which might in future come to the hands of the administrator, but for such as he had already received and returned to the court as in his hands, or of which he ought to have made a return, and which may not have been properly administered. ”

“ From the necessity of the case the law imposes upon the master the duty, and clothes him with the power, to judge and determine, at the time, whether the circumstances of danger in such a case are or are not so great and pressing as to render a sacrifice of a portion of the associated interests indispensable for the common safety of the remainder. ”

“ Offenses of a lesser grade are called misdemeanors. The court has jurisdiction over all civil cases. The judge of the superior court has the power to issue various writs for the enforcement of the law, and grant charters to all corporations, except banking, insurance, railroad, canal, navigation, express, telephone, and telegraph companies. Cases appealed from justice courts, county courts, courts of ordinary, and certain city courts lie to the superior courts. ”

“ I am of opinion that every officer of the government, however high his position, may be prevented by injunction, operating directly upon him, from illegally injuring or destroying the property rights of the citizen ”

“ In both cases, the law is, that an officer executing the process of a court which has acted without jurisdiction over the subject-matter becomes a trespasser, it being better for the peace of society, and its interests of every kind, that the responsibility of determining whether the court has or has not jurisdiction should be upon the officer, than that a void writ should be executed. ”

“ That where a state law, statutory or customary, gives to the citizens of the state, in an action or suit inter partes, the right to question at law the probate of a will or to assail probate in a suit in equity, the courts of the United States, in administering the rights of citizens of other states or aliens, will enforce such remedies. ”

“ In view of the fact that the question in the case was regarded below, both by the courts and by counsel, as one of 'general' or 'federal' law, the interest of justice requires that the judgment be vacated and the cause remanded for the enforcement of the applicable principles of state law. ”

“ There is a general rule of law, established by a great preponderance of judicial authority in the English and in the state and Federal courts, that one who enters the service of another takes upon himself the ordinary risks of the negligent acts of his fellow servants in the course of the employment. ”