Nance v. Hemphill
Supreme Court of Alabama
Error to the Circuit Court of Bibb County. THIS was an action of assumpsit in the court below brought by the plaintiff in error, as endorsee against the defendant in error, as the drawer of a bill of exchange.
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Error to the Circuit Court of Bibb County. THIS was an action of assumpsit in the court below brought by the plaintiff in error, as endorsee against the defendant in error, as the drawer of a bill of exchange. The declaration' is in the usual form, to which the defendant below pleaded. 1. JSton assumpsit. 2. Failure of consideration both, in short, by consent, and 3. A plea in the following words: — “ and the said defendant for further plea in his behalf saith, acted non, &c. because he says that on the — day of — certain persons unauthorized by law and contrary to the constitution and laws…
1Opinion of the CourtOrmond, J.
— The questions of law presented on this record and argued by counsel, are—
*5541. Is private banking, in the common acceptation of that term, prohibited by the conslitution of this State.
2. Is it a common law right.
It is most obvious that the design of the written constitutions of government in the States of this Union, was to limit and define the quantum of, power which the people, in their sovereign capacity, consented to part with, for the purposes of civil government. It is not the object of these instruments to act on individuals, unless they become invested with the powers delegated by the…
2Cases cited1 opinion
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
3Cited by8 opinions
- Meadowcroft v. PeopleIllinois Supreme Court · 1896
- Noble State Bank v. HaskellSupreme Court of Oklahoma · 1909
- State v. RichcreekIndiana Supreme Court · 1906
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- State v. ScougalSouth Dakota Supreme Court · 1892
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