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action administrator agreed agreement alleged amount answer appear appellant appellee applied assigned authority banks bill bond brought cause chancery charge Circuit Court claim complainant condition contract conveyed damages debts decree deed defendant delivered dollars dower entered entitled evidence execution fact failed filed follows further give given ground hands heirs held hundred insisted instruction intended interest issued John Judge judgment jury JUSTICE land lien lots March means motion necessary notice objection Opinion owner paid party pass payment person plaintiff in error portion possession premises presented proceedings proof proper proved purchaser question reason received record recover reference refused rendered rent reversed road rule shares sold Statement statute sufficient suit taken tenant term tion trial verdict witness writ
Page 135 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Page 135 - If the States may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail ; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent...
Page 138 - Provided, That nothing in this act shall be construed to prevent all the shares in any of the said associations, held by any person or body corporate, from being included in the valuation of the personal property of such person or corporation in the assessment of taxes imposed by or under State authority at the place where such bank is located, and not elsewhere...
Page 113 - That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers, or the law of the land.
Page 134 - In America, the powers of sovereignty are divided between the government of the Union and those of the States. They are each sovereign, with respect to the objects committed to it, and neither sovereign with respect to the objects committed to the other.
Page 52 - ... there must be such an injury as from its nature is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented but by an injunction.
Page 134 - ... the same paramount character would seem to restrain, as it certainly may restrain, a state from such other exercise of this power as is in its nature incompatible with and repugnant to the constitutional laws of the union. A law absolutely repugnant to another as entirely repeals that other as if express terms of repeal were used.
Page 135 - If we measure the power of taxation residing in a state, by the extent of sovereignty which the people of a single state possess, and can confer on its government, we have an intelligible standard, applicable to every case to which the power may be applied.
Page 143 - ... transferable on the books of the association in such manner as may be prescribed in the by-laws or articles of association ; and every person becoming a shareholder by such transfer shall, in proportion to his shares, succeed to all the rights and liabilities of the prior holder of such shares, and no change shall be made in the articles of association...
Page 134 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable to the utmost extent to which the government may choose to carry it.