The American Law Register, Volume 3D.B. Canfield & Company, 1855 - Electronic journals |
From inside the book
Results 1-5 of 100
Page 38
... circumstances , it is insisted by the defendant's counsel that these depositions should be viewed with suspicion , and that they are entitled to very little weight by the jury . On this point , it is only necessary to remark , that ...
... circumstances , it is insisted by the defendant's counsel that these depositions should be viewed with suspicion , and that they are entitled to very little weight by the jury . On this point , it is only necessary to remark , that ...
Page 41
... circumstances , would be liable to those bene- ficially interested in the estate . Can it be equitable to compel the plaintiff to accept in part payment what he may be called on here- after to pay again or expend , if the executors ...
... circumstances , would be liable to those bene- ficially interested in the estate . Can it be equitable to compel the plaintiff to accept in part payment what he may be called on here- after to pay again or expend , if the executors ...
Page 50
... circumstances which would justly put him upon inquiry , and he has not delayed action too long after coming to a knowledge of the fraud . 9. Fifth Section - No Bar in case of Fraud . - The 5th Section of the Act of 1841 did not intend ...
... circumstances which would justly put him upon inquiry , and he has not delayed action too long after coming to a knowledge of the fraud . 9. Fifth Section - No Bar in case of Fraud . - The 5th Section of the Act of 1841 did not intend ...
Page 51
... circumstances , it is best for the infant that he should be assigned to the custody of the mother . Armstrong vs. Stone & Wife . 3. Testator devises his real estate to his wife for life , remainder to his son J .; and bequeaths his ...
... circumstances , it is best for the infant that he should be assigned to the custody of the mother . Armstrong vs. Stone & Wife . 3. Testator devises his real estate to his wife for life , remainder to his son J .; and bequeaths his ...
Page 58
... circumstances , the burden of proof does not change , but remains upon the government to satisfy the jury that the act was unjustifiable and unlawful . " Commonwealth vs. McKie , page 61 . 3. Void and voidable executions . - This ...
... circumstances , the burden of proof does not change , but remains upon the government to satisfy the jury that the act was unjustifiable and unlawful . " Commonwealth vs. McKie , page 61 . 3. Void and voidable executions . - This ...
Other editions - View all
Common terms and phrases
action admiralty agreement alleged appear applied assumpsit authority bill boat bond bottomry bridge carrier charge circumstances claim commerce common carrier common law Constitution contract counsel Court of Chancery court of equity covenant creditor damages debt debtor decided decision declared decree deed defendant delivered discharge doctrine duty England entitled equity evidence execution executors exercise fact grant ground habeas corpus held husband hypothecation injury interest judge judgment judicial jurisdiction jury justice land liable libel lien Lord Magnolia matter ment mortgage navigation necessary negligence notice opinion ordinary owner paid party Passmore Williamson payment Pennsylvania person plaintiff plaintiff in error port possession principle proof purchase purpose question railroad reason reference regard regulations rent river rule rule in Clayton's servant ship slave South Carolina statute steamboat Supreme Court testator tion trial United vessel wife writ
Popular passages
Page 211 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 377 - The Constitution of the United States declares that no State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.
Page 521 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 672 - ... to be understood in their plain, ordinary, and popular sense, unless they have generally, in respect to the subjectmatter, as by the known usage of trade or the like, acquired a peculiar sense distinct from the popular sense of the same words ; or unless the context evidently points out that they must, in the particular instance, and in order to effectuate the immediate intention of the parties to that contract, be understood in some other special and peculiar sense.
Page 391 - States shall have, possess, and exercise, the same jurisdiction in matters of contract and tort, arising in, upon, or concerning, steamboats and other vessels of twenty tons burden and upwards, enrolled and licensed for the coasting trade, and at the time employed in business of commerce and navigation between ports and places in different States and Territories upon the lakes and navigable waters connecting said lakes...
Page 514 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 330 - He is the general guardian of all infants, idiots, and lunatics ; and has the general superintendence of all charitable uses in the kingdom. And all this over and above the vast and extensive jurisdiction which he exercises in his judicial capacity in the court of chancery...
Page 154 - An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850, is hereby amended to read as follows : § 10. Each stockholder of any company formed under this act shall be individually liable to the creditors of such company, to an amount equal to the amount unpaid on the stock held by him, for all the debts and liabilities of such company, until the whole amount of the capital stock so held by him shall have been paid to the company...
Page 743 - An Act to ascertain and settle the Private Land Claims in the State of California...
Page 46 - ... there must be such an injury as from its nature is not susceptible of being adequately compensated by damages at law, or such as, from its continuance or permanent mischief, must occasion a constantly recurring grievance which cannot be otherwise prevented but by an injunction.