 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1864 - 822 pages
...been greatly misunderstood at the bar, and will require a particular explanation. But the language of the learned' Judge who delivered the opinion of the court in that case, is conclusive on the point of a mortgage: " The United States," said he, " are to be first satisfied... | |
 | Nathan Howard (Jr.) - Civil procedure - 1866 - 618 pages
...was on a contingency which had not happened. I have already noticed that the English cases cited by the learned judge who delivered the opinion of the court in that case, as authority for his incidental remark that the signature of the defendants to the contract was a sufficient... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1867 - 1310 pages
...was not material to the decision of the case. But if it jvere otherwise, the doctrine laid down by the learned judge, who delivered the opinion of the court in that case, is not applicable to the present case. For if, when a party agrees to pledge property afterwards... | |
 | Nathan Howard (Jr.) - Civil procedure - 1867 - 588 pages
...leasing, or from any words sufficient to make a lease, except the words " grant or demise." I think the learned judge who delivered the opinion of the court in that case would have examined the question more carefully than he seems to have done, if he had not regarded... | |
 | John H. Colby - Criminal law - 1868 - 806 pages
...committing a rape might be rebutted by proof that he bad arrived at puberty. I agree entirely with the learned judge, who delivered the opinion of the court in that case, as to the soundness of the rule laid down by him." 4 ' 2 RS, 663, § 22. * Id., § 23. 1 4 Blac., 212; R. c.... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - Law reports, digests, etc - 1869 - 712 pages
...considered in The City of Aurora v. West, supra, and we could add nothing to the force of the argument of the learned judge who delivered the opinion of the court in that case. Taking the history of the legislation on this subject, as it existed under the old constitution,... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 892 pages
...imputation of establishing such an anomalous doctrine, although such an inference might be drawn from some remarks of the learned judge who delivered the opinion of the court in that case; the question, whether a state court would be justifiable in giving effect to a bankrupt discharge... | |
 | United States. Supreme Court - Law reports, digests, etc - 1870 - 854 pages
...have been referred to the case of Diamond v. Lawrence Countyrf for a single decision to the contrary. The learned judge who delivered the opinion of the court in that case says, " We will not treat these bonds as negotiable securities. On this ground we stand alone.... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frderick C. Seibold - Law reports, digests, etc - 1870 - 764 pages
...and also to consider the criticisms in particular which they are pleased to bestow upon the language of the learned judge who delivered the opinion of the court in TJie State v. Joyce. And, first, it occurs to me, after this study of the authorities and consideration... | |
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But the language of the learned judge who delivered the opinion of the court in that case is conclusive on the point of a mortgage. "The United States," said he, "are to be first satisfied; but then it must be out of the debtor's estate. 
