Albany Law Journal, Volume 23Weed, Parsons & Company, 1881 - Law |
From inside the book
Results 1-5 of 84
Page 6
... established , would inevitably bring in a train of abuses which would soon set aside all law . We are now speaking of the obligations of citizen- ship . Where one is the victim of willful injustice on the part of the sovereignty itself ...
... established , would inevitably bring in a train of abuses which would soon set aside all law . We are now speaking of the obligations of citizen- ship . Where one is the victim of willful injustice on the part of the sovereignty itself ...
Page 8
... established to be shaken . " This appears to me to be equivalent to say- ing that the cases establish that an agreement to make a will in a particular way may be a binding contract , that it need not be made in any particular form , and ...
... established to be shaken . " This appears to me to be equivalent to say- ing that the cases establish that an agreement to make a will in a particular way may be a binding contract , that it need not be made in any particular form , and ...
Page 13
... established principles of law , and to regard what the by - law authorizes , and not how it is applied in practice , and so regarding it , I feel bound to hold that on this ground also the penal clauses of it are wholly void . I do not ...
... established principles of law , and to regard what the by - law authorizes , and not how it is applied in practice , and so regarding it , I feel bound to hold that on this ground also the penal clauses of it are wholly void . I do not ...
Page 25
... established that the nuisance has resulted from the location and structure of the building , and mode of using it , rather than from any negligence in keeping it . Un- less some change can be introduced more radical than would pertain ...
... established that the nuisance has resulted from the location and structure of the building , and mode of using it , rather than from any negligence in keeping it . Un- less some change can be introduced more radical than would pertain ...
Page 26
... established by the usago of nations ; the exercise of judicial powers is extraordinary , and none such are permitted to them in Christian and civilized coun- tries . See Damise v . Hale , 1 Otto , 13. " No govern- ment can invest its ...
... established by the usago of nations ; the exercise of judicial powers is extraordinary , and none such are permitted to them in Christian and civilized coun- tries . See Damise v . Hale , 1 Otto , 13. " No govern- ment can invest its ...
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Common terms and phrases
action affirmed Albany alleged amount assignment attorney authority bank bill bonds cause charge Circ Circuit Court claim common law Constitution constructive notice contract corporation Court of Appeals Court of Chancery court of equity creditors damages debt debtor Decided decision declared decree deed defendant defendant's domicile duty entitled equity evidence execution fact fraud held husband indictment injury interest Iowa Supreme Court issue judge judgment judicial jurisdiction jury justice L. T. Rep land legislative Legislature liable lien Lord marriage ment mortgage negligence offense Opinion owner paid parties patent payment person plaintiff in error principle punishment question Railroad Co railroad company reason received recover rule statute statute of limitations suit Supreme Court term testator thereof tion trial United valid void Wend wife writ writ of mandamus York
Popular passages
Page 58 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any part thereof...
Page 152 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Page 151 - The liability of the owner of any vessel, for any embezzlement, loss, or destruction, by any person, of any property, goods, or merchandise, shipped or put on board of such vessel, or for any loss, damage, or injury by collision, or for any act, matter, or thing, loss, damage or forfeiture, done, occasioned, or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel, and her freight then pending.
Page 282 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Page 153 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 153 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Page 348 - And further, full power and authority are hereby given and granted to the said general court, from time to time to make, ordain, and establish, all manner of wholesome and reasonable orders, laws, statutes, and ordinances, directions and instructions, either with penalties or without; so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this commonwealth, and for the government and ordering thereof, and of the subjects of the same...
Page 293 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 246 - The general rule, resulting from considerations as well of justice as of policy, is, that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and in legal presumption, the compensation is adjusted accordingly.
Page 198 - Nothing can call forth this court into activity, but conscience, good faith, and reasonable diligence : where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore from the beginning of this jurisdiction, there was always a limitation to suits in this court.