The Southern Law Review: And Chart of the Southern Law and Collection Union, Volume 3Roberts & Purvis, 1877 - Law |
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Page 12
... decided otherwise where the suit was ex contractu in the case of the Sewing Machine Companies , 18 Wall . 553 , and where the action was in tort in Vannevar v . Bryant , 21 Wall . 41. And in Knapp v . Railroad Company , 20 Wall . 124 ...
... decided otherwise where the suit was ex contractu in the case of the Sewing Machine Companies , 18 Wall . 553 , and where the action was in tort in Vannevar v . Bryant , 21 Wall . 41. And in Knapp v . Railroad Company , 20 Wall . 124 ...
Page 16
... decided at St. Louis . The application was to remand the cause , which had been removed from the state court under the second clause of section 639 of the Revised Statutes . The removal had been made at the instance of two of the ...
... decided at St. Louis . The application was to remand the cause , which had been removed from the state court under the second clause of section 639 of the Revised Statutes . The removal had been made at the instance of two of the ...
Page 34
... decided that the attorney - general might remit penalties under the revenue laws even after judgment , against the remonstrance of the informer , who would lose his interest thereby . 4 See Wilson v . Hardesty , I Md . Ch . Dec. 66 ...
... decided that the attorney - general might remit penalties under the revenue laws even after judgment , against the remonstrance of the informer , who would lose his interest thereby . 4 See Wilson v . Hardesty , I Md . Ch . Dec. 66 ...
Page 37
... decided in other courts . 2. Cases where Statutes are Repealed with Saving of Rights Accrued . But while it is entirely competent to take away statutory penalties after they have accrued , it is also compe- tent , by the proper clause ...
... decided in other courts . 2. Cases where Statutes are Repealed with Saving of Rights Accrued . But while it is entirely competent to take away statutory penalties after they have accrued , it is also compe- tent , by the proper clause ...
Page 50
... decided by the New York Court of Appeals . I do not propose to enter into any popular views of either , — the history of each , I presume , is familiar to every reader , -consequently I shall limit myself to some consideration of the ...
... decided by the New York Court of Appeals . I do not propose to enter into any popular views of either , — the history of each , I presume , is familiar to every reader , -consequently I shall limit myself to some consideration of the ...
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Popular passages
Page 436 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 963 - The practice, pleadings and forma and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.
Page 81 - The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles supposed to have been long and well established to decide it.
Page 464 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Page 644 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 17 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 11 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Page 137 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 381 - In other countries, the people, more simple and of a less mercurial cast, judge of an ill principle in government only by an actual grievance. Here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance ; and snuff the approach of tyranny in every tainted breeze.
Page 979 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.