Albany Law Journal, Volume 3Weed, Parsons & Company, 1871 - Law |
From inside the book
Results 1-5 of 79
Page 4
... rule would be fraught with great danger to the security of property . If , as to a party who can give evidence that ... rule nisi was obtained for a new trial , first , on the ground of misdirection in the latter part of the summing up ...
... rule would be fraught with great danger to the security of property . If , as to a party who can give evidence that ... rule nisi was obtained for a new trial , first , on the ground of misdirection in the latter part of the summing up ...
Page 5
... rule is necessary to protect inno- cent transferees for value . If , therefore , a man write his name across the back of a blank bill stamp , and part with it , and the paper is afterward improperly filled up , he is liable as indorser ...
... rule is necessary to protect inno- cent transferees for value . If , therefore , a man write his name across the back of a blank bill stamp , and part with it , and the paper is afterward improperly filled up , he is liable as indorser ...
Page 6
... rule of life . Such being the nature of law , there ought to be no difficulty in consolidating existing rules , or reducing all to ashes , and producing a new Phoenix on their ruins . In either case , whether the code or consolida- tion ...
... rule of life . Such being the nature of law , there ought to be no difficulty in consolidating existing rules , or reducing all to ashes , and producing a new Phoenix on their ruins . In either case , whether the code or consolida- tion ...
Page 7
... rules of survivorship , dying without issue , the rule in Shelley's Case , etc. , one uniform standard should be laid down for both descriptions of property . With these changes wrought , most of our past law would become obsolete . In ...
... rules of survivorship , dying without issue , the rule in Shelley's Case , etc. , one uniform standard should be laid down for both descriptions of property . With these changes wrought , most of our past law would become obsolete . In ...
Page 9
... rule which governed his attor- ney fees : ' Are or are not the amount of labor , the doubtfulness and dificulty of the question , the degree of success in the result and the amount of pecuniary interest involved not merely in the ...
... rule which governed his attor- ney fees : ' Are or are not the amount of labor , the doubtfulness and dificulty of the question , the degree of success in the result and the amount of pecuniary interest involved not merely in the ...
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Common terms and phrases
action agent agreement Albany alleged amended amount applied appointed assignment attorney authority bill breach carrier cause cause of action charge chief justice circuit and oyer claim commissioners common carriers common law constitution contract counsel court of equity creditor damages DAVID DUDLEY FIELD debt decision declaration deed defendant defendant's delivered demurrer digest duty entitled equity evidence execution fact fraud held indorser intended judge judgment judicial jurisdiction jury land lawyer legislature liable lien Lord ment mortgage negligence notice opinion owner oyer and terminer paid party payment person plaintiff possession practice premises principle proceedings promissory note purchase question railroad reason received recover refused replevin reports rule special term statute statute of frauds statute of limitations supreme court testator thereof tion trial trust United verdict wife witness York
Popular passages
Page 61 - From a deliberate and premeditated design to effect the death of the person killed, or of another; or, 2. By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without a premeditated design to effect the death of any individual; or without a design to effect death, by a person engaged in the commission of, or in an attempt to commit a felony, either upon or affecting the person killed or otherwise; or, 3.
Page 317 - If the right to impose the tax exists, it is a right which in its nature acknowledges no limits. It may be carried to any extent, within the jurisdiction of the state or corporation which imposes it, which the will of each state and corporation may prescribe.
Page 330 - IT is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen to be tried by judges as free, impartial and independent as the lot of humanity will admit.
Page 224 - States, shall cease and be unlawful, so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from said State or section into the other parts of the United States, and all proceeding to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such State or section, be forfeited to the United States...
Page 317 - The Government then of the United States can claim no powers which are not granted to it by the Constitution; and the powers actually granted must be such as are expressly given, or given by necessary implication.
Page 145 - ... the party aggrieved shall also have his remedy, according to the course of equity, to enjoin the wrongful use of such trademark...
Page 360 - The damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is, must be such as might naturally be expected to follow its violation ; and they must be certain, both in their nature and in respect to the cause from which they proceed.
Page 105 - The carrier's obligation is to carry his passenger safely and properly, and to treat him respectfully; and if he intrusts the performance of this duty to his servants, the law holds him responsible for the manner in which they execute the trust. The law seems to be now well settled that the carrier is obliged to protect his passenger from violence and insult, from whatever source arising. He is not regarded as an insurer of his passenger's safety against every possible source of danger ; but he is...
Page 343 - AN ACT to amend chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled " An act to amend an act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same...
Page 171 - All that the law requires of the party by or over whose land a stream passes, is, that he should use the water in a reasonable manner, and so as not to destroy, or render useless, or materially diminish or affect the application of the water by the proprietors above or below on the stream.