Albany Law Journal, Volume 40Weed, Parsons & Company, 1890 - Law |
From inside the book
Results 1-5 of 82
Page 1
... nature of torture or linger- ing in this punishment . It meets the keenest idea of speediness , and that includes absence of pain . Mr. Cockran argues that it is " degrading to a noble science . " This is the poorest sentimentality ...
... nature of torture or linger- ing in this punishment . It meets the keenest idea of speediness , and that includes absence of pain . Mr. Cockran argues that it is " degrading to a noble science . " This is the poorest sentimentality ...
Page 3
... nature of the particular devices , so far as we have been able to learn it from adjudi- cated cases in courts of States the manners and so- cial customs of whose people most nearly resemble our own . Nuckolds v . Commonwealth , 32 Gratt ...
... nature of the particular devices , so far as we have been able to learn it from adjudi- cated cases in courts of States the manners and so- cial customs of whose people most nearly resemble our own . Nuckolds v . Commonwealth , 32 Gratt ...
Page 9
... nature of the alteration , etc. These things , considered in connec- tion with the relation of the parties to the ... natural inference would be that it was a legiti- mate part of the instrument , and was made at or be- fore its ...
... nature of the alteration , etc. These things , considered in connec- tion with the relation of the parties to the ... natural inference would be that it was a legiti- mate part of the instrument , and was made at or be- fore its ...
Page 10
... nature of ratification presupposes the act done for another , but without competent author- ity , and hence can have no application to a forgery , for a forger never acts , or assumes to act , for another ; others put it upon the ground ...
... nature of ratification presupposes the act done for another , but without competent author- ity , and hence can have no application to a forgery , for a forger never acts , or assumes to act , for another ; others put it upon the ground ...
Page 29
... natural condition , cannot after- ward be required to enlarge the capacity of the sluice , by a log - owner above his dam , who , under a charter from the Legislature , constructs dams to store and hold the water of the stream for use ...
... natural condition , cannot after- ward be required to enlarge the capacity of the sluice , by a log - owner above his dam , who , under a charter from the Legislature , constructs dams to store and hold the water of the stream for use ...
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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?