The American Law Register, Volume 10D.B. Canfield & Company, 1871 - Law |
From inside the book
Results 1-5 of 77
Page 5
... give a homestead of that value , an order is granted by the court that should said property thereafter be sold by virtue of any order , judgment , or decree of any court of this state , $ 2000 in specie , or its equivalent in currency ...
... give a homestead of that value , an order is granted by the court that should said property thereafter be sold by virtue of any order , judgment , or decree of any court of this state , $ 2000 in specie , or its equivalent in currency ...
Page 24
... give exemplary damages . II . We now come to the second branch of the case . What is the measure of relief which the law secures to the injured party ; or , in other words , can he recover exemplary damages ? We hold that he can . The ...
... give exemplary damages . II . We now come to the second branch of the case . What is the measure of relief which the law secures to the injured party ; or , in other words , can he recover exemplary damages ? We hold that he can . The ...
Page 25
... give what are called vindictive damages : Doe v . Filliter , 13 M. & W. 50 . In 1858 , in an action of trespass for taking personal property on a fraudulent bill of sale , the defendant's counsel contended that it was not a case for the ...
... give what are called vindictive damages : Doe v . Filliter , 13 M. & W. 50 . In 1858 , in an action of trespass for taking personal property on a fraudulent bill of sale , the defendant's counsel contended that it was not a case for the ...
Page 26
... give exemplary damages has been much discussed . It seems to have been first opposed by Mr. Theron Metcalf ( afterwards reporter and judge of the Su- preme Court of Massachusetts ) , in an article published in 3 Ame- rican Jurist 387 ...
... give exemplary damages has been much discussed . It seems to have been first opposed by Mr. Theron Metcalf ( afterwards reporter and judge of the Su- preme Court of Massachusetts ) , in an article published in 3 Ame- rican Jurist 387 ...
Page 27
... give ample compensation for the injury actually received , they are also allowed such full discretion as to make verdicts to deter others from flagrant violations of social duty . And the same court hold that the wealth of the defendant ...
... give ample compensation for the injury actually received , they are also allowed such full discretion as to make verdicts to deter others from flagrant violations of social duty . And the same court hold that the wealth of the defendant ...
Contents
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338 | |
340 | |
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662 | |
694 | |
715 | |
727 | |
742 | |
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767 | |
783 | |
802 | |
811 | |
831 | |
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Common terms and phrases
action admiralty agent agreement alleged appear applied assignment assumpsit attachment authority bankrupt bill bond carriers cause charge church Circuit Court civil claim common carriers common law Congress Constitution contract corporation counsel court of equity creditor damages debt debtor decision declared decree deed defendant delivered District Court dollars duty ecclesiastical court entitled equity evidence execution exempt exercise fact fraud Garrard county granted held homestead injury insured intention interest John Penn judge judgment jurisdiction jury justice Kentucky river land legislature liable lien Lincoln county ment mortgage Naugatuck Railroad navigation negligence obligation opinion owner paid party passenger payment Penn person plaintiff possession principle proceedings purchaser question Railroad Company received recover regard Richard Penn road rule statute suit Supreme Court taxation testator Thomas Penn tion transportation trust United valid void
Popular passages
Page 362 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 396 - But no person shall be arrested in one district for trial in another in any civil action before a circuit or district court; and no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant...
Page 144 - Whatever belongs merely to the remedy may be altered according to the will of the state, provided the alteration does not impair the obligation of the contract. But if that effect is produced, it is immaterial whether it is done by acting on the remedy or directly on the contract itself. In either case it is prohibited by the Constitution.
Page 463 - And the better to accomplish the object of this act, namely, to promote the public interest and welfare by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure to the government at all times (but particularly in time of war) the use and benefits of the same for postal, military and other purposes, Congress may, at any time, having due regard for the rights of said companies named herein, add to, alter, amend, or repeal this act.
Page 301 - One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.
Page 386 - The Constitution of the United States provides that the trial of all crimes except in cases of impeachment shall be by jury, and such trial shall be held in the State where said crimes shall have been committed, or when not committed within any State the trial will proceed in such place as Congress may direct (Art.
Page 596 - Can a medical man, conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime ? or his opinion whether the prisoner was conscious at the time of doing the act...
Page 419 - Union, the free inhabitants of each of these States, paupers, vagabonds and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and egress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions and restrictions as the inhabitants thereof respectively...
Page 459 - An act [to amend an act entitled an act] to aid in the construction of a railroad and telegraph line from the Missouri River to the Pacific Ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July first, eighteen hundred and sixty-two," approved July second, eighteen hundred and sixty-four.
Page 768 - The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.