Albany Law Journal, Volume 28Weed, Parsons & Company, 1884 - Law |
From inside the book
Results 1-5 of 91
Page 10
... decision of the question now formally presented . In Wilson v . Daniel , decided in 1798 , and reported in 3 Dallas , 401 , upon a writ of error brought by a defend- ant below from a judgment against him for less than two thousand ...
... decision of the question now formally presented . In Wilson v . Daniel , decided in 1798 , and reported in 3 Dallas , 401 , upon a writ of error brought by a defend- ant below from a judgment against him for less than two thousand ...
Page 11
... decision in Wilson v . Daniel , had not a contrary practice since prevailed . * * * The case of Wise & Lynn v . The Columbian Turnpike Co. , 7 Cranch , 276 , was dismissed because the sum for which judgment was rendered in the Circuit ...
... decision in Wilson v . Daniel , had not a contrary practice since prevailed . * * * The case of Wise & Lynn v . The Columbian Turnpike Co. , 7 Cranch , 276 , was dismissed because the sum for which judgment was rendered in the Circuit ...
Page 19
... decision on the ( 2 ) broad ground , " that by the plain and ordinary meaning of the language used in the contract " the in- terest accruing after maturity , by whatever name it might be called , was not in the contemplation of the ...
... decision on the ( 2 ) broad ground , " that by the plain and ordinary meaning of the language used in the contract " the in- terest accruing after maturity , by whatever name it might be called , was not in the contemplation of the ...
Page 20
... decisions of the U. S. Sup . Ct . is easily reconciled by bearing in mind the language of the court in Holden v . Trust Co. , 100 U. S. R. at page 73 , " the rule heretofore applied by this court under the circumstances of this case has ...
... decisions of the U. S. Sup . Ct . is easily reconciled by bearing in mind the language of the court in Holden v . Trust Co. , 100 U. S. R. at page 73 , " the rule heretofore applied by this court under the circumstances of this case has ...
Page 23
... decisions which hold such trusts void as being for a superstitious use . ( See Rhymer's Appeal , 93 Penn . St. 142 ; S. C. , 39 Am . Rep . 736 , and note , 738. ) But the judge dis- cards this doctrine and puts his decision on other ...
... decisions which hold such trusts void as being for a superstitious use . ( See Rhymer's Appeal , 93 Penn . St. 142 ; S. C. , 39 Am . Rep . 736 , and note , 738. ) But the judge dis- cards this doctrine and puts his decision on other ...
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Popular passages
Page 314 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 311 - Judge, prove that he has made at other times a statement inconsistent with his present testimony ; but before such last-mentioned proof can be given, the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he has made such statement.
Page 238 - Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered...
Page 134 - All courts shall be open, and every man for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial, or delay.
Page 330 - In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them; the executive shall never exercise the legislative and judicial powers, or either of them ; the judicial shall never exercise the legislative and executive powers, or either of them, to the end it may be a government of laws, and not of men.
Page 50 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 77 - It is not easy to define with precision what will in all cases constitute an insurable interest, so as to take the contract out of the class of wager policies. It may be stated generally, however, to be such an interest, arising from the relations of the party obtaining the insurance, either as creditor of or surety for the assured, or from the ties of blood or marriage to him, as will justify a reasonable expectation of advantage or benefit from the continuance of his life.
Page 351 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Page 331 - All judicial officers, duly appointed, commissioned and sworn shall hold their offices during good behavior, excepting such concerning whom there is different provision made in this constitution : provided, nevertheless, the governor, with consent of the council, may remove them upon the address of both houses of the legislature.
Page 120 - If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States and shall be incapable of holding any office of trust or profit under them or either of them.