A Compilation of the Insolvent Laws of Maryland: Together with the Decisions of the Court of Appeals of Maryland, and of the Supreme Court of the United States, on the Subject of Insolvency; with a Copious IndexJ.J. Harrod, 1831 - 235 halaman |
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Halaman 85
... operation of the insolvent acts , the title to the property vests . The provisional trustee has the power only to possess and preserve the insolvent's property for the benefit of his credi tors , and for the protection of that right ...
... operation of the insolvent acts , the title to the property vests . The provisional trustee has the power only to possess and preserve the insolvent's property for the benefit of his credi tors , and for the protection of that right ...
Halaman 86
... operation of law , as a resulting trust , the original object of the trust having failed and will be liable to be operated on and affected under the general laws as the property of the petitioner . Ib . Kennedy vs. Boggs . A promise by ...
... operation of law , as a resulting trust , the original object of the trust having failed and will be liable to be operated on and affected under the general laws as the property of the petitioner . Ib . Kennedy vs. Boggs . A promise by ...
Halaman 87
... operation , except process of execution or attachment in the nature of execution , which shall have been put into the hands of the marshal , antecedent to the application , " ) cannot nullify the effect of a lien acquired by a creditor ...
... operation , except process of execution or attachment in the nature of execution , which shall have been put into the hands of the marshal , antecedent to the application , " ) cannot nullify the effect of a lien acquired by a creditor ...
Halaman 92
... operation of which shall be uniform , but to establish uniform laws on the sub- ject throughout the United States . This establishment of unifor- Congress , of mity , is perhaps , incompatible with state legislation , on that part ...
... operation of which shall be uniform , but to establish uniform laws on the sub- ject throughout the United States . This establishment of unifor- Congress , of mity , is perhaps , incompatible with state legislation , on that part ...
Halaman 97
... operation . Before discussing this argument , it may not be improper to premise that , although the spirit of an instrument , especially of a constitution , is to be respected not less than its letter , yet the spirit is to be collected ...
... operation . Before discussing this argument , it may not be improper to premise that , although the spirit of an instrument , especially of a constitution , is to be respected not less than its letter , yet the spirit is to be collected ...
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affirmation aforesaid allegations application appointed Assembly of Maryland assent Baltimore county court bankrupt law benefit bills of attainder certified citizens city and county clause clerk commissioners of insolvent confined Congress constitution county of Baltimore court of equity creditor or creditors Crownin Crowninshield debts due declare deed defendant duty effect enacted enforce entitled ex post facto execution exercise existing filed final discharge future contracts give bond grant hath hereby impairing the obligation imprisoned insolvent laws intended interrogatories judge thereof judgment justice law impairing legislation legislature ment New-York oath obligation of contracts Ogden operation opinion parties pass a bankrupt payment permanent trustee personal discharge petition petitioner plaintiff plaintiff in error principle prisoner prohibition provisional trustee question relief of sundry remedy repeal Rhode Island Saunders sheriff Sturges sundry insolvent debtors supplement surrender thereafter tion tract United usury validity vested void
Bagian yang populer
Halaman 137 - And, in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or have force in the said Territory that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Halaman 158 - Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts are contrary to the first principles of the social compact, and to every principle of sound legislation. The two former are expressly prohibited by the declarations prefixed to some of the state constitutions, and all of them are prohibited by the spirit and scope of these fundamental charters. Our own experience has taught us nevertheless, that additional fences against these dangers ought not to be omitted. Very...
Halaman 193 - ... then this obligation to be void, or else to remain in full force and virtue of law.
Halaman 157 - No state shall coin money, nor emit bills of credit, nor make any thing but gold or silver coin a tender in payment of debts...
Halaman 130 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Halaman 130 - The question, whether a law be void for its repugnancy to the constitution, is, at all times, a question of much delicacy, which ought seldom, if ever, to be decided in the affirmative in a doubtful case.
Halaman 119 - The Constitution of the United States declares that no State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Halaman 86 - A contract is an agreement in which a party undertakes to do, or not to do, a particular thing. The law binds him to perform his undertaking, and this is, of course, the obligation of his contract.
Halaman 201 - Assigns, for the which payment well and truly to be made and done, we bind ourselves, our Heirs, Executors and Administrators jointly and severally, firmly by these presents, sealed with our seals, and dated this 23d day of May AD l8l2.
Halaman 145 - Court is of opinion, that since the adoption of the constitution of the United States, a State has authority to pass a bankrupt law, provided such law does not impair the obligation of contracts, within the meaning of the constitution, and provided there be no act of Congress in force to establish a uniform system of bankruptcy, conflicting with such law.