The Southern Law Review, Volume 3Soule, Thomas & Wentworth, 1877 - Law |
From inside the book
Results 1-5 of 73
Page 35
... claim to certainly no vested right in - a favor which , at the same time , is a punishment to his creditor . Where the penalty is taken away by statute , it seems to be immaterial that a suit has been previously commenced for the ...
... claim to certainly no vested right in - a favor which , at the same time , is a punishment to his creditor . Where the penalty is taken away by statute , it seems to be immaterial that a suit has been previously commenced for the ...
Page 47
... claim to equitable consideration , and it may be deserv- ing of serious reflection whether to permit relief in cases of such mistakes would not be fairly within the competency of the legislature under principles already recognized . The ...
... claim to equitable consideration , and it may be deserv- ing of serious reflection whether to permit relief in cases of such mistakes would not be fairly within the competency of the legislature under principles already recognized . The ...
Page 91
... claim ; but the naked grant had no such effect . Some have supposed that Mar- shall meant to assert the principle that there was an implied ' warranty of title alike in sales of personal and real estate . It is the generally recognized ...
... claim ; but the naked grant had no such effect . Some have supposed that Mar- shall meant to assert the principle that there was an implied ' warranty of title alike in sales of personal and real estate . It is the generally recognized ...
Page 139
... claim credit for knowing more than author or editor . In these days of rapid reporting , and , we may add in a double sense , rapid digesting , the young law student may stand somewhat aghast at the making of books , of which there is ...
... claim credit for knowing more than author or editor . In these days of rapid reporting , and , we may add in a double sense , rapid digesting , the young law student may stand somewhat aghast at the making of books , of which there is ...
Page 146
... claim- ing an estate or interest in lands under a common source of title , whether holding as tenants in common , joint tenants , coparceners , or in severalty , may unite in an action against any person claiming an adverse estate or ...
... claim- ing an estate or interest in lands under a common source of title , whether holding as tenants in common , joint tenants , coparceners , or in severalty , may unite in an action against any person claiming an adverse estate or ...
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Common terms and phrases
action applied assignee authority bank bankrupt bankruptcy bill bond cause citizens civil claim common law Congress Connecticut constitution contract corporation court of equity creditors criminal debt debtor decisions declared deed deed of trust defendant discharge doctrine domicil duty enforce entitled equity evidence execution exemption existence fact federal court fraud held homestead homestead exemption insanity interest issue judge judgment judicial jurisdiction jurisprudence jury justice Kirtland land legislation legislature liable lien matter ment mortgage nature negligence obligation opinion owner parties payment person petition plaintiff presumption principle proceedings promissory note purchase-money purchaser question railroad reason relation removal reports rule Stat statute statute of frauds suit Supreme Court surety taxation tion trust U. S. Cir U. S. Dis United volume
Popular passages
Page 431 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 306 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 325 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in the use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 350 - ... the faith of the United States is solemnly pledged to the payment in coin or its equivalent of all the obligations of the United States...
Page 201 - An Act for the further security of His Majesty's person and Government, and the succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors...
Page 637 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 6 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Page 12 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 972 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 130 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.