Albany Law Journal, Volume 29Weed, Parsons & Company, 1884 - Law |
From inside the book
Results 1-5 of 87
Page 10
... paid , including the expenses of my funeral and last illness . " Second . I give and bequeath to my husband , Cyrenius Beers , all the estate , both real , personal , and mixed , of which I die seised or possessed , to be held by him in ...
... paid , including the expenses of my funeral and last illness . " Second . I give and bequeath to my husband , Cyrenius Beers , all the estate , both real , personal , and mixed , of which I die seised or possessed , to be held by him in ...
Page 20
... paid therefor , on the same principle that the plaintiffs would have been allowed to rescind had the note been paid for the day following in bills of an insolvent bank . The almost unbroken line of authority seems to estab- lish the ...
... paid therefor , on the same principle that the plaintiffs would have been allowed to rescind had the note been paid for the day following in bills of an insolvent bank . The almost unbroken line of authority seems to estab- lish the ...
Page 22
... paid to American than English decisions , and some of the latter are summarily treated in such a manner as to render the ratio decidendi a matter of speculation . The following , for instance , is all that is given con- cerning a case ...
... paid to American than English decisions , and some of the latter are summarily treated in such a manner as to render the ratio decidendi a matter of speculation . The following , for instance , is all that is given con- cerning a case ...
Page 36
... paid the money knew that it was paid in discharge of a debt not recoverable at law . Johnson v . Heilings . Opinion by Gordon , J. [ Decided May 25 , 1883. ] RE- LEASE - TENEMENT LET BY MONTH - IMPLIED NEWAL BY THE MASTER . — Where the ...
... paid the money knew that it was paid in discharge of a debt not recoverable at law . Johnson v . Heilings . Opinion by Gordon , J. [ Decided May 25 , 1883. ] RE- LEASE - TENEMENT LET BY MONTH - IMPLIED NEWAL BY THE MASTER . — Where the ...
Page 38
... paid him , and he paid the plaintiff , the plaintiff endorsing it on the note . In an action of trover , the note remaining unpaid , held , that the defendants were liable ; and that the money paid by them could not be allowed in ...
... paid him , and he paid the plaintiff , the plaintiff endorsing it on the note . In an action of trover , the note remaining unpaid , held , that the defendants were liable ; and that the money paid by them could not be allowed in ...
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Popular passages
Page 248 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 283 - 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 326 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment...
Page 272 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property which have been created by the common law cannot be taken away without due process; but the law itself, as a rule of conduct, may be changed at the will, or even the whim, of the legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law as...
Page 123 - And Jacob went near unto Isaac his father; and he felt him, and said, The voice is Jacob's voice, but the hands are the hands of Esau.
Page 274 - It follows that any legal proceeding enforced by public authority, whether sanctioned by age and custom, or newly devised in the discretion of the legislative power, in furtherance of the general public good, which regards and preserves these principles of liberty and justice, must be held to be due process of law.
Page 340 - But Jesus held His peace. And the high priest answered and said unto Him, I adjure Thee by the Living God, that Thou tell us whether Thou be the Christ, the Son of God.
Page 177 - ... be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 96 - I delivered the poor that cried, And the fatherless, and him that had none to help him. The blessing of him that was ready to perish came upon me : And I caused the widow's heart to sing for joy. I put on righteousness and it clothed me : My judgment was as a robe and a diadem.
Page 271 - We must examine the Constitution itself, to see whether this process be in conflict with any of its provisions. If not found to be so, we must look to those settled usages and modes of proceeding existing in the common and statute law of England, before the emigration of our ancestors, and which arc shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country.