United States Law Review Volume 1

United States Law Review Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... court held that it had no jurisdiction to entertain the.bill under that clause of the second section of the third article of the Constitution, which declares that "the judicial power shall extend to all cases in law or equity arising under the laws of the United States," because no statute has vested in the circuit courts the power of deciding cases of alleged illegal and wrongful acts arising from the execution of the internal revenue laws; and, further, that the court had no jurisdiction of the case under its general chancery powers. ()n this last point, the court say, "As a basis for the proper action of a court of chancery, it must appear that the complainant has appealed to the proper district assessor under the 113th section of the Act of June 30, 1864; that such appeal has not resulted in the redress of the wrong complained of; and that he is wholly without a remedy, except by the interposition of a court of chancery. I do not say, if the bill had been so framed, a proper case for the action of a court of chancery would be presented. But it is clear, that, without the averment of irreparable injury, and that all the means of redress secured by law had been unavailingly resorted to, there would be no sufiicient ground for the interposition of a. court of equity." The bill was therefore dismissed. Caldwell J3 Coppock for the complainant; R. M. Corwine for the defendant. I ALABAMA. 'Vs insert an article by a distinguished lawyer of this State, on her legal status during and after the war. The learned a.uthor's views are temperatcly and clearly stated, and are worthy of consideration. Though he has confined himself to the case of Alabama, his arguments are applicable to the case of the Southern...show more

Product details

  • Paperback | 354 pages
  • 189 x 246 x 19mm | 630g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236926307
  • 9781236926302