The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 14; Volume 45Saunders and Benning, 1851 - Law |
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Page 5
... jury , an order for the trial may be made , stating distinctly and plainly the question of fact to be tried , and such order shall be the only authority necessary for a trial . These sections , and those which follow , being peculiarly ...
... jury , an order for the trial may be made , stating distinctly and plainly the question of fact to be tried , and such order shall be the only authority necessary for a trial . These sections , and those which follow , being peculiarly ...
Page 133
... jury were in at the trial . To this statement we are obliged to adhere : for it is idle to speak of copies of confessions being read , which were read only to be repudiated and discredited before the court . As well say that a forged ...
... jury were in at the trial . To this statement we are obliged to adhere : for it is idle to speak of copies of confessions being read , which were read only to be repudiated and discredited before the court . As well say that a forged ...
Page 164
... jury not less than the abstract logic of the procedure re- quires ! The jury must not have too much to do ; and it is better that the risk of injustice should be run than that their minds should be fatigued ! —the issue MUST be single ...
... jury not less than the abstract logic of the procedure re- quires ! The jury must not have too much to do ; and it is better that the risk of injustice should be run than that their minds should be fatigued ! —the issue MUST be single ...
Page 177
... jury or otherwise . On the first of these heads our thoughts revert to the Statute of Uses , and its unforeseen effect in adding to the subtleties of equity , instead of narrowing its province and thereby enlarging the jurisdiction of ...
... jury or otherwise . On the first of these heads our thoughts revert to the Statute of Uses , and its unforeseen effect in adding to the subtleties of equity , instead of narrowing its province and thereby enlarging the jurisdiction of ...
Page 180
... jury or by other forms , will doubt- less engage a large share of the coming discussion . We approve of juries as tribunals for legal inquiry . But while we are sensible of the benefits to be derived from the institution , we cannot but ...
... jury or by other forms , will doubt- less engage a large share of the coming discussion . We approve of juries as tribunals for legal inquiry . But while we are sensible of the benefits to be derived from the institution , we cannot but ...
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Common terms and phrases
12 Beav act of parliament affidavit agreement alleged amount answer appear apply appointed assumpsit attorney authority award Barrister bill bishop Chanc charge Church claim Code commissioners common law contract costs County Court Court of Chancery courts of equity covenant creditors crown debt declaration deed defendant defendant's demurrer duty effect England entitled equity evidence Exch execution executors fact filed Held House of Lords indictment interest issue judge judgment judicial jurisdiction jury justice land lease Lord Brougham Lord Chancellor Lord Cottenham Lord Langdale matter ment notice offence paid pany Parkman parliament party payment person plaintiff plea pleading practice present principle proceedings question Railway Company reference reform rent respect rule Scotch Scotland shares solicitor statute sufficient suit testator thereof tion trial trustees Vice-Chancellor Vict witnesses writ
Popular passages
Page 4 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must then order them to be brought in...
Page 10 - ... upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding, taken against him. through his mistake, inadvertence, surprise, or excusable neglect...
Page 10 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 92 - I do hereby disclaim, disavow, and solemnly abjure any intention to subvert the present church establishment, as settled by law within this realm...
Page 7 - In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated on his information or belief, and as to those matters that he believes it to be true...
Page 166 - The rule of the common law, that statutes in derogation! thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to. which it relates, and its provisions are to be liberally construed with a view to effect its objects and to promote justice.
Page 92 - I do declare, That I do not believe that the Pope of Rome, or any other Foreign Prince, Prelate, Person, State, or Potentate, hath or ought to have any Temporal or Civil Jurisdiction, Power, Superiority, or Pre-eminence, directly or indirectly, within this Realm...
Page 4 - An action does not abate by the death, marriage or other disability of a party, or by the transfer of any interest therein, if the cause of action survive or continue.
Page 6 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either : 1. That the court has no jurisdiction of the person of the defendant or the subject of the action; or, 2. That the plaintiff has not legal capacity to sue; or, 3. That there is another action pending between the same parties for the same cause; or, 4.
Page 7 - ... cause, unable to verify it, or the facts are within the knowledge of his attorney, or other person verifying the same. When the pleading is verified by the attorney, or any other person except...