Wharton and Stillé's Medical Jurisprudence, Volume 1Kay, 1882 - Insanity |
From inside the book
Results 1-5 of 80
Page 3
... matter of a contract . While every Monomania man is presumed to be sane , chronic insanity , when once proved to exist , is presumed to continue . But there is no such presumption of law as to the continuance of a temporary ...
... matter of a contract . While every Monomania man is presumed to be sane , chronic insanity , when once proved to exist , is presumed to continue . But there is no such presumption of law as to the continuance of a temporary ...
Page 4
... matter of the con- tract affects the capacity to contract is a question for the jury.3 But when the delusion or hallucination goes to the essence of the contract , and sways the party when making the contract , then he must be regarded ...
... matter of the con- tract affects the capacity to contract is a question for the jury.3 But when the delusion or hallucination goes to the essence of the contract , and sways the party when making the contract , then he must be regarded ...
Page 5
... matter what may be the degree of the unsound- ness , no title to property of any kind would be secure . Some prior vendor may have been insane ; his conveyance was , therefore , void ; and hence the title is incomplete . And even ...
... matter what may be the degree of the unsound- ness , no title to property of any kind would be secure . Some prior vendor may have been insane ; his conveyance was , therefore , void ; and hence the title is incomplete . And even ...
Page 7
... matter of the contract.1 If we assume that in the case of lunatics there is an absence of consenting mind , the principle involved in this question is analogous to that by which the deed of an illiterate person , who has been deceived ...
... matter of the contract.1 If we assume that in the case of lunatics there is an absence of consenting mind , the principle involved in this question is analogous to that by which the deed of an illiterate person , who has been deceived ...
Page 8
... matter of the contract , has been paid for and fully enjoyed , and cannot be de- stroyed , so as to put the parties in statu quo , such contract cannot afterwards be set aside , either by the alleged lunatic , or those who represent him ...
... matter of the contract , has been paid for and fully enjoyed , and cannot be de- stroyed , so as to put the parties in statu quo , such contract cannot afterwards be set aside , either by the alleged lunatic , or those who represent him ...
Other editions - View all
Common terms and phrases
affected aliunde alleged appear asylum body brain capacity cause character charge circumstances committed condition confession convicted court crime criminal death defence degree delirium delirium tremens dementia derangement dipsomania distinct drunkenness Dysthymia epilepsy evidence examined excitement existence experts fact faculties feeling George Crowninshield guilt habit hallucinations homicide hypochondriac idiocy imbecility impulse influence infra insane delusion instance intellectual intoxication irresistible irresistible impulse irresponsibility Journ judge jury killed kleptomania Lord Lord Penzance Lord Portsmouth lucid interval lunacy lunatic madness mania melancholia ment mental disease mind monomania moral insanity morbid motive murder N. J. Eq nature ness observed opinion paroxysm particular party passion patient peculiar person physician prisoner proof propensity proved psychological punishment pyromania question reason remarkable responsibility sane sanity says sense shown sion sleep sometimes somnambulism suicide supposed supra symptoms testamentary capacity testator testimony theory tion trial uncon unsoundness witness
Popular passages
Page 135 - ... to establish a defense on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a, defect of reason from disease of the mind as not to know the nature and quality of the act he was doing, or, if he did know it. that he did not know he was doing what was wrong.
Page 573 - Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.
Page 700 - He feels it beating at his heart, rising to his throat, and demanding disclosure. He thinks the whole world sees it in his face, reads it in his eyes, and almost hears its workings in the very silence of his thoughts. It has become his master. It betrays his discretion, it breaks down his courage, it conquers his prudence. When suspicions from without begin to embarrass him, and the net of circumstance to entangle him, the fatal secret struggles with still greater violence to burst forth. It must...
Page 110 - Grows with his growth, and strengthens with his strength; So, cast and mingled with his very frame. The mind's disease, its ruling passion came...
Page 572 - Laws are made for the government of actions, and while they cannot interfere with mere religious belief and opinions, they may with practices. 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?
Page 684 - Especially, in a case exciting so much attention as this, discovery must come, and will come, sooner or later. A thousand eyes turn at once to explore every man, every thing, every circumstance, connected with the time and place ; a thousand ears catch every whisper ; a thousand excited minds intensely dwell on the scene, shedding all their light, and ready to kindle the slightest circumstance into a blaze of discovery. Meantime the guilty soul cannot keep its own secret.
Page 213 - If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences and effect of the act he is about to commit, or when he is impelled thereto by an insane impulse, which he has not the power to resist, such death is not within the contemplation of the parties to the contract, and the insurer is...
Page 135 - The question is, whether the prisoner was laboring under that species of insanity which satisfies you that he was quite unaware of the nature, character, and consequences of the act he was committing, or in other words, whether he was under the influence of a diseased mind, and was really unconscious, at the time he was committing the act, that it was a crime.
Page 700 - Meantime the guilty soul cannot keep its own secret. It is false to itself; or, rather, it feels an irresistible impulse of conscience to be true to itself. It labors under its guilty possession, and knows not what to do with it. The human heart was not made for the residence of such an inhabitant.
Page 700 - ... to be true to itself. It labors under its guilty possession, and knows not what to do with it. The human heart was not made for the residence of such an inhabitant. It finds itself preyed on by a torment which it dares not acknowledge to God or man. A vulture is devouring it, and it can ask no sympathy or assistance, either from heaven or earth. The secret which the murderer possesses soon comes to possess him ; and, like the evil spirits of which we read, it overcomes him, and leads him whithersoever...