The Southern Law Review: And Chart of the Southern Law and Collection Union, Volume 3Roberts & Purvis, 1877 - Law |
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Page 19
... principle of popular sovereignty . They were too wise not to know that the will of the people must needs be a great factor - nay , the greatest factor in any system of gov- ernment to be established in a state of society where neither ...
... principle of popular sovereignty . They were too wise not to know that the will of the people must needs be a great factor - nay , the greatest factor in any system of gov- ernment to be established in a state of society where neither ...
Page 21
... principle of popular sover- eignty is completely ignored and set aside ! The Senate was intended to be , and is , an obstruction to the popular will ; yet what American citizen would consent to abolish the Senate ? What political ...
... principle of popular sover- eignty is completely ignored and set aside ! The Senate was intended to be , and is , an obstruction to the popular will ; yet what American citizen would consent to abolish the Senate ? What political ...
Page 42
... principle of the common law . An immoral contract , a contract which tends to cor- rupt legislation , a contract in general restraint of marriage , a champertous contract — all these are incapable of enforcement for the reason above ...
... principle of the common law . An immoral contract , a contract which tends to cor- rupt legislation , a contract in general restraint of marriage , a champertous contract — all these are incapable of enforcement for the reason above ...
Page 85
... principle upon which the whole structure of English law and government rests , is thus forcibly stated by Story : " Even in England , where the principles of civil liberty are cherished with uncommon ardor , and private justice is ...
... principle upon which the whole structure of English law and government rests , is thus forcibly stated by Story : " Even in England , where the principles of civil liberty are cherished with uncommon ardor , and private justice is ...
Page 91
... principle that there was an implied warranty of title alike in sales of personal and real estate . It is the generally recognized American rule , at the present time , that the seller of a chattel , if in possession , but not other ...
... principle that there was an implied warranty of title alike in sales of personal and real estate . It is the generally recognized American rule , at the present time , that the seller of a chattel , if in possession , but not other ...
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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.