The American Jurist and Law Magazine, Band 7Freeman & Bolles, 1843 |
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Seite 23
... rules and precedents , than the not very different system which , in contradistinction to it , we em- phatically term law . But its limits were far from being so minutely traced , at the period when lord Hardwicke was called to the ...
... rules and precedents , than the not very different system which , in contradistinction to it , we em- phatically term law . But its limits were far from being so minutely traced , at the period when lord Hardwicke was called to the ...
Seite 48
... rule . The revo- lution was made necessary by more than a century of bloody strife . It thus became unavoidable , that the political or- ganization should , as it did in fact , perish . But it was not so with the civilization . That ...
... rule . The revo- lution was made necessary by more than a century of bloody strife . It thus became unavoidable , that the political or- ganization should , as it did in fact , perish . But it was not so with the civilization . That ...
Seite 71
... rule of law . ' 991 And he gives in a note the following extract from the civil law " contra fictionem non admittitur probatio : quid enim efficeret probatio veritatis , ubi fictio adversus veritatem finget ? Nam fictio nihil aliud est ...
... rule of law . ' 991 And he gives in a note the following extract from the civil law " contra fictionem non admittitur probatio : quid enim efficeret probatio veritatis , ubi fictio adversus veritatem finget ? Nam fictio nihil aliud est ...
Seite 72
... rules respecting the adoption of fictions , worthy of Horace himself , whom he quotes with great unction upon the subject : - " And as the law cannot proceed to a fiction without equity , so neither can it feign any thing that is ...
... rules respecting the adoption of fictions , worthy of Horace himself , whom he quotes with great unction upon the subject : - " And as the law cannot proceed to a fiction without equity , so neither can it feign any thing that is ...
Seite 74
... rules— " Which surely were invented for our sins , " and have produced that mass of decisions , or let us rather say in - decisions , with which Mr. Dowling periodically fa- vors the profession - these new rules , we say , have made sad ...
... rules— " Which surely were invented for our sins , " and have produced that mass of decisions , or let us rather say in - decisions , with which Mr. Dowling periodically fa- vors the profession - these new rules , we say , have made sad ...
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Häufige Begriffe und Wortgruppen
11 Vermont 18 Pickering acceptance supra protest act of honor action afterwards agreement assignment bill captain chancery charged chiefs circumstances claim common law considered contract conveyance court court of chancery court of equity covenant creditors debts deceased declaration decree deed defendant drawee duty England English entitled equity evidence executed executor fact fraud give Grant Hamp held Henley Hoff holder husband indorser insolvent interest judge judgment jurisconsults jury justice labor land legislation liable lord chancellor lord Hardwicke lord Northington master McLean Meigs ment mortgage notary notice owner paid party payment person plaintiff pleaded pleas possession present principal promissory note provision purchase received rendered Roman Roman law seal ship sir Robert Henley statute statute of frauds sufficient suit Sumner supra protest surety tenant tion trust usurious vessel voyage wife witness word XXV.-NO
Beliebte Passagen
Seite 277 - Do ye not know that the saints shall judge the world? and if the world shall be judged by you, are ye unworthy to judge the smallest matters? Know ye not that we shall judge Angels?
Seite 397 - God hath made of one blood all nations of men to dwell on the face of the earth...
Seite 445 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Seite 357 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Seite 445 - Hotel, and certain desks and tables therein, should constitute the Court for the Correction of Errors of the State of New York.* What else does this bill do ? It directs that there shall be certain vaults, and safes, and rooms.
Seite 263 - London Conveyance Company," or any other words, but they have a right to call upon this court to restrain the defendant from fraudulently using precisely the same words and devices which they have taken for the purpose of distinguishing their property, and thereby depriving them of the fair profits of their business by attracting custom on the false representation that carriages, really the defendant's, belong to, and are under the management of the plaintiffs.
Seite 344 - An act to repeal an act of the present session of parliament, intituled, An act for the more effectual abolition of oaths and affirmations taken and made in various departments of the state, and to substitute declarations in lieu thereof, and for the more entire suppression of voluntary and extra-judicial oaths and affidavits, and to make other provisions for the abolition of unnecessary oaths.
Seite 79 - I am informed that you are in possession of, or claim title to, the premises in this declaration of ejectment mentioned, or to some part thereof, and I, being sued in this action as...
Seite 344 - ' more effectual Abolition of Oaths and Affirmations taken " ' and made in various Departments of the State, and to " ' substitute Declarations in lieu thereof, and for the more " ' entire Suppression of voluntary and extra-judicial Oaths " ' and Affidavits,' and to make other Provisions for the " Abolition of unnecessary Oaths.
Seite 132 - ... the advantages of which he is desirous of securing to himself and his legal representatives : he therefore prays that letters patent of the United States may be issued, granting unto your petitioner, his heirs, administrators, or assigns, the full and exclusive right of making, constructing, using, and vending to others to be used...