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2d ed 9 Cyc acceptance action actual adopted Agency agent agreement apply authority becomes body breach called cause child civil Clark Contr Clark Cr committed common law condition conduct consent consideration consists constitution contract corporation court created crime criminal damages death defendant distinct duty easement effect enforce England English equity et seq executive exercise existence express fact federal felony force give grant held hold husband infra injury intent interest Jaggard Torts judicial jurisdiction land legislature liable limited marriage matter means ment mere merely nature necessary offer officer operation owner parent particular party passed performance Pers person possession present principal promise punishment reason recognized regarded relation remedy result rule Smith Elem statute supra term thing Tiffany tion United unless usually various violation wife written wrong
Page 198 - 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 341 - Newspaper publications by a lawyer as to pending or anticipated litigation may interfere with a fair trial in the courts and otherwise prejudice the due administration of justice. Generally they are to be condemned. If the extreme circumstances of a particular case justify a statement to the public, it is unprofessional to make it anonymously. An ex parte reference to the facts should not go beyond quotation from the records and papers on file in the court ; but even in extreme cases it is better...
Page 319 - The judicial power shall extend to all cases in law and equity arising under the constitution, the laws of the United States, and treaties made, or which shall be made, under their authority...
Page 24 - RESOLVED, That the preceding Constitution be laid before the United States, in Congress assembled, and that it is the opinion of this Convention, that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof, under the recommendation of its Legislature, for their assent and ratification...
Page 172 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 340 - Nothing operates more certainly to create or to foster popular prejudice against lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense of questionable transactions, that it is the duty of the lawyer to do whatever may enable him to succeed in winning his client's cause. It is improper for a lawyer to assert in argument his personal...
Page 342 - A lawyer should not offer evidence which he knows the Court should reject, in order to get the same before the jury by argument for its admissibility, nor should he address to the Judge arguments upon any point not properly calling for determination by him. Neither should he introduce into an argument, addressed to the court, remarks or statements intended to influence the jury or bystanders.
Page 338 - With Opposite Party. A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel ; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel.
Page 84 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.