Law Miscellanies: Containing an Introduction to the Study of the Law: Notes on Blackstone's Commentaries, Shewing the Variations of the Law of Pennsylvania from the Law of England, and what Acts of Assembly Might Require to be Repealed Or Modified; Observations on Smith's Edition of the Laws of Pennsylvania; Strictures on Decisions of the Supreme Court of the United States, and on Certain Acts of Congress, with Some Law Cases, and a Variety of Other Matters, Chiefly Original |
From inside the book
Results 1-5 of 44
Page 37
... declare the common law not applicable , the legislature alone could interfere . As , for instance , in the case of a jus acrescendi , or survivorship in joint - tenancy , which by an act of the legislature has been lately taken away ...
... declare the common law not applicable , the legislature alone could interfere . As , for instance , in the case of a jus acrescendi , or survivorship in joint - tenancy , which by an act of the legislature has been lately taken away ...
Page 42
... declarations , and resolutions of the general convention , shall be considered as in full force , until the same be altered by the legislative power of the co- lony . " Tuck . Black . Appendix 444 . I take it that our legislature in the ...
... declarations , and resolutions of the general convention , shall be considered as in full force , until the same be altered by the legislative power of the co- lony . " Tuck . Black . Appendix 444 . I take it that our legislature in the ...
Page 49
... declaration of independence on the 4th July , 1776 , and a decision of those courts since that separation . I am not able to say that there is not a distinction . But it is in contemplation of law only ; and , in fact , amounts to no ...
... declaration of independence on the 4th July , 1776 , and a decision of those courts since that separation . I am not able to say that there is not a distinction . But it is in contemplation of law only ; and , in fact , amounts to no ...
Page 50
... declaration of independence shall govern as precedent ? This depends on the 5th chapter of the charter to Wm . Penn , which , granting power to establish courts of justice , reserves to the " King his heirs and successors , the ...
... declaration of independence shall govern as precedent ? This depends on the 5th chapter of the charter to Wm . Penn , which , granting power to establish courts of justice , reserves to the " King his heirs and successors , the ...
Page 59
... declare that if it had fallen to my lot only , to decide the case , I should have decided it in favour of the lessor of the plaintiff . I am bound to say that this is still my opinion . In all the ca- ses where questions of this sort ...
... declare that if it had fallen to my lot only , to decide the case , I should have decided it in favour of the lessor of the plaintiff . I am bound to say that this is still my opinion . In all the ca- ses where questions of this sort ...
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Common terms and phrases
act of assembly action admit appear application assize authority called cause chief justice claim common law common pleas commonwealth considered constitution construction contract contrary costs counsel court of chancery damages debt debtor decisions declaration defendant dower duty England English statutes evidence execution executors extended fact favour fee simple fieri facias force fraud give given Gorgas ground indictment intention intestate John Weiss judges judgment judicial jurisdiction jury lands law of England legislature levy Livezey lord Lord Mansfield mandamus matter mean ment mind nature necessary nisi prius nuisance officers opinion particular party peace Pennsylvania person plaintiff principle proceedings prosecution province purchaser question quo warranto real estate reason respect rule sentence sheriff shew sion stare decisis suit supposed supreme court taken term testator thing tion trial United verdict warrant whole words writ of error
Popular passages
Page 513 - Others apart sat on a hill retired, In thoughts more elevate, and reasoned high Of Providence, Foreknowledge, Will, and Fate— Fixed fate, free will, foreknowledge absolute — And found no end, in wandering mazes lost.
Page 309 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 111 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Page 285 - ... that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.
Page 43 - Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony; such, for instance, as the general rules of inheritance, and of protection from personal injuries.
Page 200 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 314 - That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present War ; and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property...
Page 166 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...