Commentaries on American Law, Volume 2W. Kent, 1848 - Law |
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Page 1
... opinion of Sir George Treby , and other high legal authority in England . But though there was no ex- press provision for it in the charter , it would seem to have been necessarily implied when the growth of the colony required it ; and ...
... opinion of Sir George Treby , and other high legal authority in England . But though there was no ex- press provision for it in the charter , it would seem to have been necessarily implied when the growth of the colony required it ; and ...
Page 10
... opinion . The people cannot debate in their collective capacity . They can only de- liberate and make laws by their representatives ; and in the ordinary course of human affairs , the exercise of their sovereignty , and the means of ...
... opinion . The people cannot debate in their collective capacity . They can only de- liberate and make laws by their representatives ; and in the ordinary course of human affairs , the exercise of their sovereignty , and the means of ...
Page 11
... opinion , it has been adjudged by Mr. Justice McLean , in an equally elaborate opin- ion in the case of the United States v . Keen , 1 McLean's Rep . 429 , that the courts of the United States have a constitutional power to grant new ...
... opinion , it has been adjudged by Mr. Justice McLean , in an equally elaborate opin- ion in the case of the United States v . Keen , 1 McLean's Rep . 429 , that the courts of the United States have a constitutional power to grant new ...
Page 11
... opinion will warrant the measure , or the peace and safety of society require it . Civil society has an undoubted right to use the means requisite for its preservation ; and the punishment of murder with death , accords with the ...
... opinion will warrant the measure , or the peace and safety of society require it . Civil society has an undoubted right to use the means requisite for its preservation ; and the punishment of murder with death , accords with the ...
Page 12
... opinion of Mr. Metcalf and Professor Greenleaf , the eminent jurists to whom Mr. Sedgwick refers , while he frankly gives his own reasons for what he deems the better conclusion in the English and American law . It follows necessarily ...
... opinion of Mr. Metcalf and Professor Greenleaf , the eminent jurists to whom Mr. Sedgwick refers , while he frankly gives his own reasons for what he deems the better conclusion in the English and American law . It follows necessarily ...
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adultery alien allegiance apply authority Bank binding born chancellor charter chattels child choses in action citizens civil law Code colony common law common schools Connecticut consent constitution contract corporation court of chancery court of equity coverture creditors debts decision declared decree deed divorce a vinculo doctrine domicil England English law entitled father feme covert feme sole foreign grant guardian habeas corpus heirs held husband and wife Ibid infant Johns judgment judicial jurisdiction jury justice land legislature liable libel Litt Lord Lord Eldon Louisiana marriage married Massachusetts master ment N. H. Rep N. Y. Revised Statutes nature New-Jersey North Carolina Ohio opinion owner Paige's Rep parents party personal property principle provision real estate residence Roman rule school fund Scotland separate settlement slaves socage statute law supreme court tion trust United valid Vesey void voidable Wendell wife's writ
Popular passages
Page 314 - Of Law there can be no less acknowledged than that her seat is the bosom of God ; her voice the harmony of the world. All things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power.
Page 6 - Your representative owes you, not his industry only but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.
Page 509 - ... be actually made, procured, or provided, or fit, or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page 92 - That one of the parties was physically incapable of entering into the marriage state.
Page 254 - State from bringing with them such persons as are deemed slaves by the laws of any one of the United States...
Page 507 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one...
Page 482 - The common law affords to every one reasonable protection against fraud in dealing ; but it does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or a careless indifference to the ordinary and accessible means of information.
Page 219 - Constitution, includes all the jurisdiction, which was possessed and exercised by the Supreme Court of the Colony of New York, at any time, and by the Court of Chancery in England, on the 4th day of July, 1776; with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the state. Subject to those exceptions and limitations, the Supreme Court of the state has all the powers and authority of each of those courts, and exercises the same in like manner.
Page 116 - 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...