Nesmith v. Sheldon
Supreme Court of the United States
This case came up from the Circuit Court of the United States for the District of Michigan, on a certificate of division in opinion between the judges thereof. The facts were briefly these. The second section of the 12th article of the Constitution of Michigan is in these words, viz.: — “ The .legislature shall pass no act of incorporation, unless with the assent of at least two thirds of each House.”
Read the full summary
This case came up from the Circuit Court of the United States for the District of Michigan, on a certificate of division in opinion between the judges thereof. The facts were briefly these. The second section of the 12th article of the Constitution of Michigan is in these words, viz.: — “ The .legislature shall pass no act of incorporation, unless with the assent of at least two thirds of each House.” On the 15th of March, 1837, the legislature passed an act entitled, “An act to organize and regulate banking associations.” Under this act a company was formed and commenced doing business as a…
1Opinion of the CourtChief Justice Taney
delivered the, opinion of the court.
This case comes before the court upon a certificate of divis-r ion from the Circuit Court for the District of Michigan. Upon opening the record, it is evident that the whole case has been sent up in this form. It is, indeed, divided into points, but most of them are merely hypothetical, and might never have arisen or required a decision upon them in the Circuit Court. ' For whether they would or would not arise depended altogether upon the decision of points which precede them in the statement..This subject has been frequently before the court, 'and we have…
2Cases cited2 opinions
- White v. TurkSupreme Court of the United States · 1838
- United States v. StoneSupreme Court of the United States · 1840
3Cited by1 opinion
- Jonathan W. Nesmith v. Thomas C. SheldonSupreme Court of the United States · 1848