Albany Law Journal, Volume 28Weed, Parsons & Company, 1884 - Law |
From inside the book
Results 1-5 of 91
Page 6
... ground that the use of the word ' open ' is misleading , in that the jury would understand the court to refer to a defect consisting of an ' open hole ' in the sidewalk . Counsel give an improper effect to the word ' open . ' It means ...
... ground that the use of the word ' open ' is misleading , in that the jury would understand the court to refer to a defect consisting of an ' open hole ' in the sidewalk . Counsel give an improper effect to the word ' open . ' It means ...
Page 8
... ground of his ignorance of the law when he In ( 7 ) Com . v . Bagley , 7 Peck . 279 ( 1828 ) , But see Cutler v . State , 36 N. J. ( L ) 125 ( 1873 , ) where in a similar case , the con- viction was set aside on the ground that the ...
... ground of his ignorance of the law when he In ( 7 ) Com . v . Bagley , 7 Peck . 279 ( 1828 ) , But see Cutler v . State , 36 N. J. ( L ) 125 ( 1873 , ) where in a similar case , the con- viction was set aside on the ground that the ...
Page 9
... ground that he was under a mistake as to the law , for the intention being clear , the failure to effect it makes the mistake manifest , and rebuts the presump- tion . It is different however where the intention is carried into effect ...
... ground that he was under a mistake as to the law , for the intention being clear , the failure to effect it makes the mistake manifest , and rebuts the presump- tion . It is different however where the intention is carried into effect ...
Page 19
... 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 parties at the time , and was ...
... 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 parties at the time , and was ...
Page 21
... ground that it " would entirely destroy the Marine Court . " Mr. Tardy asserts that " the swarm of petty lawyers ( I might call some of them , with a great deal of VOL . 28 - No . 2 . propriety , pettifoggers ) , who infest this city ...
... ground that it " would entirely destroy the Marine Court . " Mr. Tardy asserts that " the swarm of petty lawyers ( I might call some of them , with a great deal of VOL . 28 - No . 2 . propriety , pettifoggers ) , who infest this city ...
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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.