The American Jurist: And Law Magazine, Volume 2Freeman & Bolles, 1843 - Law |
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Page 1
... Parties . OUR last article , in which we commenced the subject of the parties to contracts , was devoted ( perhaps at too great length ) to the consideration of them , as affected by infancy . In this article , we shall , in a much ...
... Parties . OUR last article , in which we commenced the subject of the parties to contracts , was devoted ( perhaps at too great length ) to the consideration of them , as affected by infancy . In this article , we shall , in a much ...
Page 5
... party be insane before and after . " 3. DRUNKARDS . It was formerly held , that an agreement , made by a party while absolutely drunk , should bind him in law ; and that it should not be set aside in chancery , unless he were made drunk ...
... party be insane before and after . " 3. DRUNKARDS . It was formerly held , that an agreement , made by a party while absolutely drunk , should bind him in law ; and that it should not be set aside in chancery , unless he were made drunk ...
Page 7
... party who commits it may not tend to convince a jury , that the offence is not murder but manslaughter only . For though drunkenness does not legally incapacitate a man to form a premeditated design of murder ; yet as it clouds the ...
... party who commits it may not tend to convince a jury , that the offence is not murder but manslaughter only . For though drunkenness does not legally incapacitate a man to form a premeditated design of murder ; yet as it clouds the ...
Page 8
... party . In a note to 11 East , 304 , and Co. Litt . 133 , note ( 209 ) , Mr. Day , the American editor , says , that imprisonment for life , in this country , would be attended with the same effect as perpetual banishment in England ...
... party . In a note to 11 East , 304 , and Co. Litt . 133 , note ( 209 ) , Mr. Day , the American editor , says , that imprisonment for life , in this country , would be attended with the same effect as perpetual banishment in England ...
Page 15
... party is restored to his law . His competency to contract , and his right to enforce con- tracts by suit , revive . And so of the reversal of an attainder by parliament . ' He is In the New England states , no forfeiture of property ...
... party is restored to his law . His competency to contract , and his right to enforce con- tracts by suit , revive . And so of the reversal of an attainder by parliament . ' He is In the New England states , no forfeiture of property ...
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12 Conn 17 Pick 20 Pick action admiralty agent agreement application assigned assumpsit attorney authority benefit of clergy bill C. C. Little cause chancery Chitty civil colonies commissioners common law consideration constitution contract conveyance court court of chancery court of equity creditor crime criminal damages death debt decisions declarations deed defendant doctrine effect England entitled equity evidence execution executor fact felony forfeiture fraud granted grantor held husband indorser intention judge judgment jurisprudence jury justice land legislative legislature liable lord lord Stowell matter ment mortgage murder neutral notice offence order in council Paige party payment penal plaintiff political principles promise promissory note published punishment purchaser question reason recover Roman law rule Shepley statute statute of frauds sufficient suit surety thereof tion treatise trust unwritten law vessel volume wife
Popular passages
Page 454 - It shall be the duty of the general assembly, as soon as circumstances will permit, to provide, by law, for a general system of education, ascending in a regular gradation from township schools to a state university, wherein tuition shall be gratis, and equally open to all.
Page 14 - No subject ought, in any case, or in any time, to be declared guilty of treason or felony by the legislature.
Page 287 - But even in such cases the subsequent judges do not pretend to make a new law, but to vindicate the old one from misrepresentation. For if it be found that the former decision is manifestly absurd or unjust, it is declared, not that such a sentence was bad law, but that it was not law; that is, that it is not the established custom of the realm, as has been erroneously determined.
Page 377 - The seat of judicial authority is indeed locally here in the belligerent country, according to the known law and practice of nations, but the law itself has no locality. It is the duty of the person who sits here to determine this question exactly as he would determine the same question if sitting at Stockholm, to assert no pretensions on the part of Great Britain which he would not allow to Sweden in the same circumstances, and to impose no duties on Sweden as a neutral country which he would not...
Page 369 - To vindicate the policy of the law is no necessary part of the office of a judge ; but if it were, it would not be difficult to shew that the law in this respect has acted with its usual wisdom and humanity, with that true wisdom, and that real humanity, that regards the general interests of mankind. For though in particular cases the repugnance of the law to dissolve the obligations...
Page 371 - ... mind. Petty vexations applied to such a constitution of mind may certainly in time wear out the animal machine, but still they are not cases of legal relief; people must relieve themselves as well as they can by prudent resistance — by calling in the succours of religion and the consolation of friends ; but the aid of Courts is not to be resorted to in such cases with any effect.
Page 475 - That in the construction of this Act the word " book " shall be construed to mean and include every volume, part or division of a volume, pamphlet, sheet of letterpress, sheet of music, map, chart, or plan separately published...
Page 353 - Where a grant for a valuable consideration shall be made' to one person, and the consideration therefor shall be paid by another, no use or trust shall result in favor of the person by whom such payment shall be made; but the title shall vest in the person named as the alienee in such conveyance, subject only to the provisions of the next section.
Page 471 - Application for expunging or varying such Entry, first, with respect to a wrongful Publication in a Country to which the Author or first Publisher does not belong, and in regard to which there does not subsist with this Country any Treaty of International Copyright, that the Party making the Application was the Author or first Publisher, as the Case requires ; second, with respect to a wrongful first Publication either in the Country where a rightful first Publication has taken place, or in regard...
Page 370 - What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...