This inequality and injustice cannot be sustained upon any principle known to the law.
And I concede that the judgment cannot be sustained upon any independent non-Federal ground.
Moreover, the restrictive provisions of the ordinance in this particular may be sustained upon the principles applicable to the broader exclusion from residential districts of all business and trade structures, presently to be discussed.
4. A verdict may not be sustained upon a theory of liability different from that defined by the charge of the court and the bill of particulars limiting the complaint.
Considered as such, it is simply a statute imposing a penalty upon railroad corporations for a failure to pay certain debts.' And again, referring specifically to this matter (page 158, 165 U. S., and page 258, 17 Sup. Ct).: 'While this action is for stock killed, the recovery of attorney's fees cannot be sustained upon the theory just suggested.
It remains, however, to be considered whether the refusal of that court to issue the writ, and to take the accused from the custody of the state officer, can be sustained upon any other ground than the one upon which it proceeded.
But this view can only be sustained upon the assumption that the limitations of the Constitution of the United States are not paramount but are subordinate to and may be set aside by state authority as the result of the exertion of a local power.
The decree, as entered, can only be sustained upon the assumption that the Ca non City Company had by prior occupancy acquired a right superior to any which the Denver and Rio Grande Railway Company had to use the ca non for the purpose of constructing its road.
Once again, the trial court had deemed the plaintiff's grant void and excluded it from evidence; the Court observed that such a ruling "could only be sustained upon the ground that it was wholly void, or wholly inadmissible in that cause.
Monocyte response was sustained upon repeated challenge with sunitinib for 28 days (265 ± 108/μl).
