The Southern Law Review, Volume 3Soule, Thomas & Wentworth, 1877 - Law |
From inside the book
Results 1-5 of 87
Page 9
... result of the exercise of the judge's best judgment in the conscien- tious discharge of duty . Useless expense may be thrown upon litigants by an error of judgment in the right of removal , but this is as likely to occur in the Circuit ...
... result of the exercise of the judge's best judgment in the conscien- tious discharge of duty . Useless expense may be thrown upon litigants by an error of judgment in the right of removal , but this is as likely to occur in the Circuit ...
Page 18
... result . The active , positive , moving force ever prevails against the negative , quiescent , resisting force . This active force in a free country is democratic sentiment , the constant tendency of which is to carry all established ...
... result . The active , positive , moving force ever prevails against the negative , quiescent , resisting force . This active force in a free country is democratic sentiment , the constant tendency of which is to carry all established ...
Page 29
... result of making the judges elective . And here I may remark that it is one of the singular and , it seems to me , anomalous workings of our free institutions that the country is practically deprived by party usage of the services of ...
... result of making the judges elective . And here I may remark that it is one of the singular and , it seems to me , anomalous workings of our free institutions that the country is practically deprived by party usage of the services of ...
Page 33
... result is inevitable , since the repeal of the statute takes away the foundation of the right . As the penalty , before it is recovered , is not property , and the right to it is not in the nature of a contract , the power to take it ...
... result is inevitable , since the repeal of the statute takes away the foundation of the right . As the penalty , before it is recovered , is not property , and the right to it is not in the nature of a contract , the power to take it ...
Page 39
... result of state legislation on the subject , were void , and could not create the relation of landlord and tenant . The legislature subsequently , by declaratory act , affirmed the validity of such leases , and of the relation of ...
... result of state legislation on the subject , were void , and could not create the relation of landlord and tenant . The legislature subsequently , by declaratory act , affirmed the validity of such leases , and of the relation of ...
Other editions - View all
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.