The American Jurist: And Law Magazine, Volume 28Freeman & Bolles, 1843 - Law |
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... Judge of Admiralty , & c . , an American Refugee in England , from 1775 to 1784. Comprising remarks on the prominent men and measures of that period , to which are added Bio- graphical Notices of many American Loyalists and other ...
... Judge of Admiralty , & c . , an American Refugee in England , from 1775 to 1784. Comprising remarks on the prominent men and measures of that period , to which are added Bio- graphical Notices of many American Loyalists and other ...
Page 36
... judge Cowen . This last edition is a huge collection of all the cases decided in every part of this branch of the law . But such is the arrangement ; so constantly have you to turn from text to notes , and from notes back again to text ...
... judge Cowen . This last edition is a huge collection of all the cases decided in every part of this branch of the law . But such is the arrangement ; so constantly have you to turn from text to notes , and from notes back again to text ...
Page 37
... judge Cowen's purports to be a collection of the whole body of the law . on the subject . And the arrangement , moreover , is pre- cisely adapted to this end . It is arranged under heads which answer to the subjects of litigation ...
... judge Cowen's purports to be a collection of the whole body of the law . on the subject . And the arrangement , moreover , is pre- cisely adapted to this end . It is arranged under heads which answer to the subjects of litigation ...
Page 39
... judge Cowen , in his notes , ( Vol . II . p . 618 , ) intimates a doubt . Here is a question of legitimacy , property , and character involved , resting entirely on a rule of evidence . Take another case from the books . The English ...
... judge Cowen , in his notes , ( Vol . II . p . 618 , ) intimates a doubt . Here is a question of legitimacy , property , and character involved , resting entirely on a rule of evidence . Take another case from the books . The English ...
Page 40
... judge may be considered as very inferior to that of some judicial officers , whom he would otherwise be disposed to suspend naso adunco . The Mussulman judge , as we understand the matter , is embarrassed by no rules of evidence , and ...
... judge may be considered as very inferior to that of some judicial officers , whom he would otherwise be disposed to suspend naso adunco . The Mussulman judge , as we understand the matter , is embarrassed by no rules of evidence , and ...
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Popular passages
Page 61 - And I stood upon the sand of the sea; and saw a beast rise up out of the sea, having seven heads and ten horns, and upon his horns ten crowns, and upon his heads the name of blasphemy.
Page 273 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 61 - And I saw one of his heads as it were wounded to death; and his deadly wound was healed: and all the world wondered after the beast. And they •worshipped the dragon which gave power unto the beast: and they worshipped the beast, saying, Who is like unto the beast ? who is able to make war with him?
Page 68 - Full little knowest thou, that hast not tried, What hell it is in suing long to bide ; To lose good days that might be better spent ; To waste long nights in pensive discontent; To speed to-day, to be put back to-morrow ; To feed on hope ; to pine with fear and sorrow ; To have thy Prince's grace, yet want her peers...
Page 235 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 216 - Story, 273, in which the patentee claimed as his invention the cutting of ice of a uniform size by means of an apparatus worked by any other power than human.
Page 438 - The plaintiff and defendant being joint makers of " a promissory note, the defendant as principal and the plaintiff " as his surety, the defendant covenanted with the plaintiff to " pay the amount to the payee of the note on a given day, but made " default : Held, in an action on this covenant, that the plaintiff " was entitled, though he had not paid the note, to recover the " full amount of it by way of damages.
Page 61 - Babylon the great is fallen, is fallen, and is become the habitation of devils, and the hold of every foul spirit, and the cage of every unclean and hateful bird.
Page 235 - If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 216 - This leads me to say, that I cannot but consider, that the claim made in the patent for the abstract principle or art of cutting ice by means of an apparatus worked by any other power than human, is a claim founded in inadvertence and mistake of the law, and without any wilful default or intent to defraud or mislead the public, within the proviso of the ninth section. That section, it appears to me, was intended to cover inadvertences and mistakes of the law, as well as inadvertences and mistakes...