The American Jurist, Volume 9Freeman & Bolles, 1833 - Law |
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Page 7
... principles of the common law , which can be traced to an earlier period than the reign of Edward I. The small number which remount to a higher antiquity , are fragments of the Roman jurisprudence , which survived the shock of the ...
... principles of the common law , which can be traced to an earlier period than the reign of Edward I. The small number which remount to a higher antiquity , are fragments of the Roman jurisprudence , which survived the shock of the ...
Page 9
... principles , and arrange them into a series of general and ab- stract propositions that should contain the essence of the whole law , would be a work of far greater delicacy , and would require the hand of a master . This leads us to ...
... principles , and arrange them into a series of general and ab- stract propositions that should contain the essence of the whole law , would be a work of far greater delicacy , and would require the hand of a master . This leads us to ...
Page 10
... principle of the precedent , and decides the case on the ground of analogy , the decision discloses a new fragment of the law and becomes itself a precedent . For the court pro- ceeds on the hypothesis of a pre - existing custom , and ...
... principle of the precedent , and decides the case on the ground of analogy , the decision discloses a new fragment of the law and becomes itself a precedent . For the court pro- ceeds on the hypothesis of a pre - existing custom , and ...
Page 11
... principles . The whole piece can only be formed like mosaic by arranging and putting to- gether these separate and independent fragments . To a mind accustomed to view the law in this light only , as a collection of a great number of ...
... principles . The whole piece can only be formed like mosaic by arranging and putting to- gether these separate and independent fragments . To a mind accustomed to view the law in this light only , as a collection of a great number of ...
Page 12
... principles to the individual cases as they occur . These observations may be illustrated by a cursory review of two essays in legislation conceived in entirely opposite views under the auspices of two of the most celebrated monarchs ...
... principles to the individual cases as they occur . These observations may be illustrated by a cursory review of two essays in legislation conceived in entirely opposite views under the auspices of two of the most celebrated monarchs ...
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action administration adverse possession appear argument articles of confederation assignment assumpsit attachment attorney authority auxiliary end bill bond cause charge charter citizen claim colonies common law compact confederation congress consent constitution contempt contract conveyance court covenant creditors debt debtor declaration deed defendant doctrine entitled estoppel evidence execution executor exercise facts feme covert Greenleaf heirs held impeachment interest issue Judge Peck judgment judicial jury justice land Lawless legislation legislature liable lien marriage ment mortgage nature object offence opinion paid party payment Penn person plaintiff plea pleading possession principles proceedings promissory note proof prove punishment purchaser question recover respect rule scire facias seal sheriff statute statute of limitations suit surety tenant testator tion trial trial by jury trustee United Vermont Wend whole witness writ
Popular passages
Page 270 - ... the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected...
Page 278 - As the ends of such a partnership cannot be obtained in many generations, it becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.
Page 278 - It is a partnership in all science, a partnership in all art, a partnership in every virtue, and in all perfection.
Page 441 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action, due to him, or held in trust for him...
Page 278 - It is the first and supreme necessity only, a necessity that is not chosen but chooses, a necessity paramount to deliberation, that admits no discussion and demands no evidence, which alone can justify a resort to anarchy.
Page 274 - ... this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Page 251 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 340 - ... such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Page 274 - That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party : That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 267 - ... be preserved entire without endangering the stability of the general confederacy ; to remind them how indispensably necessary it is to establish the Federal Union on a fixed and permanent basis, and on principles acceptable to all its respective members...