Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 4; Held at the Seat of the Federal Government
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Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 4; Held at the Seat of the Federal Government

Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 4; Held at the Seat of the Federal Government


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1807 Excerpt: ... December Term 1806. Present Tilghman, Chief Justice. Smith, and 1 T. BRACKENRIDGE, )JUSt, CeS' Lyle versus Baker et al. THIS action was instituted, in the Common Pleas of Philadelphia county, at September term 1806; and a habeas corpus was taken out by the defendants on the 1st of Decemberfollowing, to remove it into the Supreme Court. Tod, for the plaintiff, alleged that the habeas corpus had issued too late, and moved for a procedendo, on the 20th section of the act of the 24th of February 1806 (7 vol. 342.) which provides, " that no action "shall be removed from any of the Courts of Common Pleas, to "the Supreme, or Circuit Courts, by consent, or otherwise, un"less the same is removed, on, or before, the first day of the "next term, after the said action shall have been commenced." After argument in a full Court (but Judge Yeates being now absent, owing to indisposition) the Chief Justice, on the lTth of "January 1807, delivered the following unanimous opinion. Tilghman, C J. The case turns entirely upon the construction of the 20th section of the act, "to alter the judiciary system "of this commonwealth." Where the intention of the legislature is clearly expressed, it must prevail, whatever may be the consequences. But, in the endeavour to discover the legislative intention, we must so construe the law, as not to reject any of its Vol. IV. 3K words; 1806. words; and if there apprars to be a contradiction in theexpresU-y-- sions, we must seek and pursue, upon the whole, the prevailing object and intent of the law. Vitwmg, then, all the parts of the section under consideration, I am of opinion, that an action may be removed to the Supreme Court, at any time before, or on, the first day of the term, succeeding that to which the original writ is returned. Th...


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Product Details
  • ISBN-13: 9781150090080
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 204
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1150090081
  • Publisher Date: 11 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 372 gr


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Reports of Cases Ruled and Adjudged in the Several Courts of the United States, and of Pennsylvania Volume 4; Held at the Seat of the Federal Government
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