Opinion · Supreme Court of the United States

Chaffraix v. Shiff

92 U.S. 214

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1875-10-15
Topic
general

recognizing that judicially modifying a statute improperly substitutes “the judicial for the legislative department of the government” | "To limit this statute in the manner now asked for would be to make a new law, not to enforce an old one. This is no part of our duty." | “To limit this statute in the manner now asked for would be to make a new law, not to enforce an old one. This is no part of our duty.” | “Every man should be able to know with certainty when he is committing a crime.” | “Every man should be able to know with certainty when he is committing a crime.” | “Every man should be able to know with certainty when he is committing a crime.” | “To limit this statute in the manner now asked for would be [to] make a new law, not to enforce an old one. This is no part of [the Court’s] duty.” | “It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large.” | "It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large.” | “It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large.” | “It would certainly be dangerous if the legislature could set a net large enough to catch all possible offenders, and leave it to the courts to step inside and say who could be rightfully detained, and who should be set at large.” | court cannot “introduce words” into statute | court cannot “introduce words” into statute | court cannot “introduce words” into statute

Citator

Cited by
59 opinions
Mr. Justice Strong

delivered the opinion of the court.

The court below decreed specific performance of a contract for the purchase of real estate, which expressly stipulated that the purchaser should not be bound to accept the sale if the titles were not good and valid. The title offered was that of a purchaser at a confiscation sale, to whom, after the sale, Surget, the person as whose property the land was confiscated, had released, without warranty. We decided, in Wallach et al. v. Van Riswich, supra, p. 202, that such a title is not a complete and valid one; that it is ineffective beyond the life of Surget; and that his release did not enlarge it. Decree reversed.