The Southern Law Review: And Chart of the Southern Law and Collection Union, Volume 3Roberts & Purvis, 1877 - Law |
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Page 26
... obligations of which fall alike upon his friends and foes , and in this we have a sufficient guaranty that the legislator will not pass oppressive laws . But the judge pro- nounces sentence in a particular case between individuals , or ...
... obligations of which fall alike upon his friends and foes , and in this we have a sufficient guaranty that the legislator will not pass oppressive laws . But the judge pro- nounces sentence in a particular case between individuals , or ...
Page 39
... obligation of contracts . It certainly vio- lated no vested rights , unless an inequitable defence could be held to be one , for a defence against a fair contract must always , so far as the party himself is concerned , be inequi- table ...
... obligation of contracts . It certainly vio- lated no vested rights , unless an inequitable defence could be held to be one , for a defence against a fair contract must always , so far as the party himself is concerned , be inequi- table ...
Page 42
... with reasonable certainty what compacts they may , and what they may not , make ; and 23 Pothier on Obligations , 1-9 ; 2 Pars . on Cont . 747 . those which are entered into in perfect good faith are 42 EFFECT OF A CHANGE IN THE LAW .
... with reasonable certainty what compacts they may , and what they may not , make ; and 23 Pothier on Obligations , 1-9 ; 2 Pars . on Cont . 747 . those which are entered into in perfect good faith are 42 EFFECT OF A CHANGE IN THE LAW .
Page 45
... obligation of con- tracts . But if the new defence only presents legal objec- tions in some new way , or is designed only to make available an existing equity , the provision for it should be regarded as affecting the remedy only , and ...
... obligation of con- tracts . But if the new defence only presents legal objec- tions in some new way , or is designed only to make available an existing equity , the provision for it should be regarded as affecting the remedy only , and ...
Page 46
... obligation.27 In the exercise of this legislative control it is often deemed just and proper that new defences be given in order to work out more perfectly , by means of them , the real equities of the parties . If this is all that is ...
... obligation.27 In the exercise of this legislative control it is often deemed just and proper that new defences be given in order to work out more perfectly , by means of them , the real equities of the parties . If this is all that is ...
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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.