Albany Law Journal, Volume 40Weed, Parsons & Company, 1890 - Law |
From inside the book
Results 1-5 of 78
Page 9
... fact drawn from the evi- dence in the case . The doctrine that the presumption of law is that the alteration was made after delivery , and that the bur- den is on the holder in the first instance to explain it , seems to us to be ...
... fact drawn from the evi- dence in the case . The doctrine that the presumption of law is that the alteration was made after delivery , and that the bur- den is on the holder in the first instance to explain it , seems to us to be ...
Page 15
... fact of unlawfully making a sale , is merged in the greater offense ; but an acquittal of the offense of being a common seller does not have the like effect . Com . v . Jenks , 1 Gray , 490 , 492 ; Com . v . Hudson , 14 id . 11 ; Com ...
... fact of unlawfully making a sale , is merged in the greater offense ; but an acquittal of the offense of being a common seller does not have the like effect . Com . v . Jenks , 1 Gray , 490 , 492 ; Com . v . Hudson , 14 id . 11 ; Com ...
Page 19
... facts . These articles , in the opinion of the master , do not fall within the rule , and are not fixtures . The iron hoist mentioned in the uinth finding of fact was clearly a fixture at the time it was removed , but this was before ...
... facts . These articles , in the opinion of the master , do not fall within the rule , and are not fixtures . The iron hoist mentioned in the uinth finding of fact was clearly a fixture at the time it was removed , but this was before ...
Page 28
... fact . " There can be no question that at common law , the only recognized tribunal for the trial of the guilt of the accused under an indictment for felony and a plea of not guilty was a jury of twelve men . 4 Bl . Com . 349 ; 1 Chit ...
... fact . " There can be no question that at common law , the only recognized tribunal for the trial of the guilt of the accused under an indictment for felony and a plea of not guilty was a jury of twelve men . 4 Bl . Com . 349 ; 1 Chit ...
Page 34
... fact that it was one that could not be enforced or made the basis of a judgment . He cannot be permitted to withdraw attention from this feature of the transac tion by the device of obtaining notes for the amount claimed under that ...
... fact that it was one that could not be enforced or made the basis of a judgment . He cannot be permitted to withdraw attention from this feature of the transac tion by the device of obtaining notes for the amount claimed under that ...
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Common terms and phrases
affirmed agent alleged appear appellant applied authority Bank bigamy cause of action charge cited civil Civil Procedure claim Code common law Constitution contract conviction corporation counsel court of equity creditors crime criminal damages David Dudley Field death debt decision declared defendant defendant's discharge duty evidence execution executor fact fendant fraud ground habeas corpus held husband indictment injury intention judge judgment judicial jurisdiction jury justice land lawyers legislative Legislature liable licensed to deal Lord mens rea ment negligence offense opinion owner party payment person plaintiff present principle prosecution punishment purpose question Railroad Railroad Co reason recover respondent rule set-off statement statute street supra Supreme Court telegraph testator testimony thing tion trial trial by jury trust United usury void wife witness words York
Popular passages
Page 277 - 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 158 - EACH branch of the legislature, as well as the governor and Council, shall have authority to require the opinions of the justices of the Supreme Judicial Court, upon important questions of law, and upon solemn occasions.
Page 234 - Every such action shall be brought by and In the names of the personal representatives of such deceased person, and the amount recovered In every such action shall be for the exclusive benefit of the widow and next of kin...
Page 33 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of Law or Equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the bands of any person to abide the event on which any wager shall have been made...
Page 332 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Page 112 - That there shall be no establishment of any one religious sect in this province in preference to another ; and that no protestant inhabitant of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles...
Page 65 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Page 348 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Page 227 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Page 266 - Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?