The Albany Law Journal: A Monthly Record of the Law and the Lawyers, Volume 25Weed, Parsons, 1882 - Law |
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Page 3
... respect to Mr. Justice Hunt ; it has made another in respect to Justice Westbrook . Two libels on judges in one week are too many even for the Times . Nobody will find much fault with the Times for any thing it has a mind to say of ...
... respect to Mr. Justice Hunt ; it has made another in respect to Justice Westbrook . Two libels on judges in one week are too many even for the Times . Nobody will find much fault with the Times for any thing it has a mind to say of ...
Page 5
... respect for the elementary authors cited , we are unwilling to follow them in this matter . One of them has declared the allow- ance of exemplary damages to be a ' departure from the true principles of the law of damages , and of public ...
... respect for the elementary authors cited , we are unwilling to follow them in this matter . One of them has declared the allow- ance of exemplary damages to be a ' departure from the true principles of the law of damages , and of public ...
Page 11
... respect thereto only to the exercise of ordinary care and prudence , and would not be held liable for an injury occasioned by their being out of repair and unsafe , without actual or presumptive notice that they are in such condition ...
... respect thereto only to the exercise of ordinary care and prudence , and would not be held liable for an injury occasioned by their being out of repair and unsafe , without actual or presumptive notice that they are in such condition ...
Page 18
... respecting boundaries , it has been competent to prove after the death of a surveyor who had examined a line , what he said respecting it at the time and on the ground . The more careful and thorough his examination the greater weight ...
... respecting boundaries , it has been competent to prove after the death of a surveyor who had examined a line , what he said respecting it at the time and on the ground . The more careful and thorough his examination the greater weight ...
Page 21
... respect to it , has no place in the law ; and there is no form of insanity known to the law as a shield for an act otherwise criminal , in which the faculties are so disordered or deranged that a man , although he perceives the moral ...
... respect to it , has no place in the law ; and there is no form of insanity known to the law as a shield for an act otherwise criminal , in which the faculties are so disordered or deranged that a man , although he perceives the moral ...
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Popular passages
Page 151 - no action shall be brought whereby * * * to charge any person * * * upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; * * * 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, or some other person thereunto by him lawfully authorized.
Page 7 - ... at the rate allowed by the laws of the state, territory, or district where the bank is located, and no more, except that where by the laws of any state a different rate is limited for banks of issue organized under state laws, the rate so limited shall be allowed for associations organized or existing in any such state under this title.
Page 293 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Page 149 - He must make an earnest, not a simulated, effort with the managing body of the corporation to induce remedial action on their part; and this must be made apparent to the court. If time permits or has permitted, he must show, if he fails with the directors, that he has made an honest effort to obtain action by the stockholders as a body in the matter of which he complains ; and he must show a case, if this is not done where it could not be done, or it was not reasonable to require it...
Page 92 - It reproduced the historic words of the ordinance of 1787 for the government of the Northwest Territory and gave them unrestricted application within the United States and all placrs subject to their jurisdiction.
Page 94 - ... that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said circuit court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this act, the said circuit court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and...
Page 8 - Territory or district, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum...
Page 73 - The clerk acted under an unavoidable ignorance and for his master's benefit when he sent the goods to his master; but nevertheless his acts may amount to a conversion ; for a person is guilty of a conversion who intermeddles with my property and disposes of it, and it is no answer that he acted under authority from another, who had himself no authority to dispose of it.
Page 232 - When the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and be sold in such parcels as are likely to bring the highest price...
Page 286 - Hall, that in construing wills, and indeed statutes, and all written instruments, the grammatical and ordinary sense of the words is to be adhered to, unless that would lead to some absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified, so as to avoid that absurdity and inconsistency, but no further.