The Southern Law Review, Volume 3Soule, Thomas & Wentworth, 1877 - Law |
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Page 39
... obligation of contracts . It certainly vio- lated no vested rights , unless an inequitable defence could be held to be one , for a defence against a fair contract must always , so far as the party himself is concerned , be inequi- table ...
... obligation of contracts . It certainly vio- lated no vested rights , unless an inequitable defence could be held to be one , for a defence against a fair contract must always , so far as the party himself is concerned , be inequi- table ...
Page 42
... with reasonable certainty what compacts they may , and what they may not , make ; and 23 Pothier on Obligations , 1–9 ; 2 Pars . on Cont . 747 . those which are entered into in perfect good faith are 42 EFFECT OF A CHANGE IN THE LAW .
... with reasonable certainty what compacts they may , and what they may not , make ; and 23 Pothier on Obligations , 1–9 ; 2 Pars . on Cont . 747 . those which are entered into in perfect good faith are 42 EFFECT OF A CHANGE IN THE LAW .
Page 45
... obligation of con- tracts . But if the new defence only presents legal objec- tions in some new way , or is designed only to make available an existing equity , the provision for it should be regarded as affecting the remedy only , and ...
... obligation of con- tracts . But if the new defence only presents legal objec- tions in some new way , or is designed only to make available an existing equity , the provision for it should be regarded as affecting the remedy only , and ...
Page 46
... obligation.27 In the exercise of this legislative control it is often deemed just and proper that new defences be given in order to work out more perfectly , by means of them , the real equities of the parties . If this is all that is ...
... obligation.27 In the exercise of this legislative control it is often deemed just and proper that new defences be given in order to work out more perfectly , by means of them , the real equities of the parties . If this is all that is ...
Page 47
... obligation of the contract itself , and to render that not a breach which was a breach when the contract was entered into . It is to be observed , however , on an examination of the cases , that the reasons for the passing of the act ...
... obligation of the contract itself , and to render that not a breach which was a breach when the contract was entered into . It is to be observed , however , on an examination of the cases , that the reasons for the passing of the act ...
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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.