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" ... is capable of acting on it. That power is capable of acting only when the subject is submitted to it by a party who asserts his rights in the form prescribed by law. It then becomes a case, and the constitution declares that the judicial power shall... "
The Courts of the United States Cannot be Made Mere Aids to a Commission of ... - Page 36
by United States. Circuit Court (9th Circuit), Stephen Johnson Field - 1887 - 66 pages
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Reports of Cases Argued and Adjudged in the Supreme ..., Volume 9; Volume 22

United States. Supreme Court - 1824 - 990 pages
...is capable of acting on it. That power is capable of acting only when the subject is submitted to it by a party who asserts his rights in the form prescribed by law. It then becomes a case, and the constitution declares, that the judicial power shall extend to all...
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A View of the Constitution of the United States of America

William Rawle - 1825 - 438 pages
...capable of acting on it. 1'hat power is capable of acting only when the subject is submitted to it by a party who asserts his rights in the form prescribed by law. It then becomes ( a case,' and the constitution declares that the judicial power shall extend to 'all...
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The Case of the Cherokee Nation Against the State of Georgia: Argued and ...

Cherokee Nation, Richard Peters - 1831 - 332 pages
...capable of acting upon it. That power is capable of acting only when the subject is submitttcd to it by a party who asserts his rights in the form prescribed by law. It then becomes a case, and the constitution declares, that the judicial power shall extend to all...
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Select Speeches of John Sergeant, of Pennsylvania [1818-1828]

John Sergeant - 1832 - 376 pages
...capable of acting upon it. That povyer is capable of acting only when the subject is submitted to it by a party •who asserts his rights in the form prescribed by law. It then becomes a case, and the constitution declares, that the judicial power shall extend to all...
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Commentaries on the Constitution of the United States: With a ..., Volume 2

Joseph Story - 1833 - 782 pages
...civil cases. ^ 856. Another inquiry may be, what constitutes a case, within the meaning of this clause. It is clear, that the judicial department is authorized...asserts his rights in the form prescribed by law. In other words, a case is a suit in law or equity, instituted according to the regular course of judicial...
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Commentaries on the Constitution of the United States: With a ..., Volume 3

Joseph Story - 1833 - 800 pages
...cases.1 § 1640. Another inquiry may be, what constitutes a case, within the meaning of this clause. It is clear, that the judicial department is authorized...party, who asserts his rights in the form prescribed by law.s In other words, a case is a suit in law or equity, instituted according to the regular course...
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Commentaries on the Constitution of the United States: With a ..., Volume 1

Joseph Story - 1833 - 800 pages
...856. Another inquiry may be, what constitutes a case, within the meaning of this clause. It is-clear, that the judicial department is authorized to exercise...asserts his rights in the form prescribed by law. In other words, a case is a suit in law or equity, instituted according to the regular course of judicial...
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The Debates in the Several State Conventions on the Adoption of ..., Volume 4

Jonathan Elliot - 1836 - 680 pages
...is capable of acting on it. That power is capable of acting only when the subject is submitted to it by a party who asserts his rights in the form prescribed by law. It then becomes a case. Ibid. 130. In those cases in which original jurisdiction is given to the Supreme...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 37

United States. Supreme Court - 1838 - 850 pages
...constitution, says: — "A case, then, in the sense pf this clause of the constitution, arises where some subject touching the constitution, laws, or treaties...States, is submitted to the courts by a party who assorts his rights in the VOL. XII.— 4 L [Kendall v . The United States.] form prescribed by law....
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The Writings of John Marshall, Late Chief Justice of the United States, Upon ...

John Marshall - 1839 - 762 pages
...is capable of acting on it. That power is capable of acting only when the subject is submitted to it by a party who asserts his rights in the form prescribed by law. It then becomes a case, and the constitution declares that the judicial power shall extend to all cases...
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