The American Law Register, Volume 2D.B. Canfield & Company, 1863 - Law |
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Page 15
... point of view . For contracts , where the mortgagee binds himself absolutely to make future advances , are not common in practice , and not different in principle , from those where the advance is made at the date MORTGAGES . 15.
... point of view . For contracts , where the mortgagee binds himself absolutely to make future advances , are not common in practice , and not different in principle , from those where the advance is made at the date MORTGAGES . 15.
Page 25
... common intent . Washburne vs. Mosely , 22 Maine 160 ; Nel- son vs. Swan , 13 Johns . 483 ; 1 Chitty's Pleadings 398 ; Eustis vs. Kidder , 26 Maine 97 . The counsel for the plaintiff allege a distinction between this case and that of ...
... common intent . Washburne vs. Mosely , 22 Maine 160 ; Nel- son vs. Swan , 13 Johns . 483 ; 1 Chitty's Pleadings 398 ; Eustis vs. Kidder , 26 Maine 97 . The counsel for the plaintiff allege a distinction between this case and that of ...
Page 41
... common with other property of the same description through out the State . This point was wholly foreign to the case before the Court . If it be good law , the purchase of stock in such a corporation by private persons for private ...
... common with other property of the same description through out the State . This point was wholly foreign to the case before the Court . If it be good law , the purchase of stock in such a corporation by private persons for private ...
Page 46
... common law has been followed since our statute , and it has been said that new trials can be granted now only where the judgment is reversed upon bill of exceptions : The People vs. Taylor , 3 Denio 91 ; O'Leary vs. The People , 4 ...
... common law has been followed since our statute , and it has been said that new trials can be granted now only where the judgment is reversed upon bill of exceptions : The People vs. Taylor , 3 Denio 91 ; O'Leary vs. The People , 4 ...
Page 47
... common law rule , or , which is possible , the order was entered without considering the point at all . In either view , the case is perhaps not to be considered as an authority on the question . The statute , in plain terms , embraces ...
... common law rule , or , which is possible , the order was entered without considering the point at all . In either view , the case is perhaps not to be considered as an authority on the question . The statute , in plain terms , embraces ...
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Common terms and phrases
agreement alleged appear applied assignment assumpsit authority Bank bill bill of lading bond breach cause certificate charter-party chose in action citizen claim common law consignees Constitution contract conveyance corporation counsel court of equity covenantor covenants for title creditor damages debt decided decision declared deed deed of trust defendant discharge doctrine duty election district entitled equity evidence execution exercise fact fraud grant grantor ground habeas corpus held indorser injury instrument Judge judgment judicial jurisdiction jury Justice land Legislature liable marriage mastic matter ment Miami tribe mortgage negligence nonsuit notice opinion owner party payment person plaintiff Port Port Colborne possession principle proceedings purchaser purpose question railroad reason recover regard remedy residence rule says seisin statute suit Supreme Court tion trial trust United valid verdict vessel votes Welland Railway writ
Popular passages
Page 228 - States are plaintiffs, or petitioners; or an alien is a party, or the suit is between a citizen of the state where the suit is brought, and a citizen of another state.
Page 41 - If the states may tax one instrument employed by the government in the execution of its powers, they may tax any and every other instrument. They may tax the mail; they may tax the mint; they may tax patent rights; they may tax the papers of the custom-house; they may tax judicial process; they may tax all the means employed by the government, to an excess which would defeat all the ends of government. This was not intended by the American people. They did not design to make their government dependent...
Page 182 - ... our Heirs, Executors, and Administrators, and every of them, firmly by these Presents.
Page 752 - I do solemnly swear (or affirm) that I will bear true faith and allegiance to the United States of America, and that I will serve them honestly and faithfully against all their enemies whomsoever, and that I will obey the orders of the President of the United States, and the orders of the officers appointed over me, according to the rules and Articles of War.
Page 340 - States, are hereby approved and in all respects legalized and made valid to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States.
Page 756 - The general government, and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other, within their respective spheres. The former in its appropriate sphere is supreme; but the States within the limits of their powers not granted, or, in the language of the Tenth Amendment, "reserved," are as independent of the general government as that government within its sphere is independent of the States.
Page 157 - No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law.
Page 338 - When the regular course of justice is interrupted by revolt, rebellion, or insurrection, so that the Courts of justice cannot be kept open, CIVIL WAK EXISTS, and hostilities may be prosecuted on the same footing as if those opposing the Government were foreign enemies invading the land.
Page 222 - ... nor shall any district, or circuit court, have cognizance of any suit to recover the contents of any promissory note, or other chose in action, in favor of an assignee, unless a suit might have been prosecuted in such court to recover the said contents if no assignment had been made, except in cases of foreign bills of exchange.
Page 432 - If the judicial power extends so far, the guarantee contained in the Constitution of the United States is a guarantee of anarchy, and not of order. Yet if this right does not reside in the courts when the conflict is raging — if the judicial power is, at that time, bound to follow the decision of the political, it must be equally bound when the contest is over. It cannot, when peace is restored, punish as offences and crimes the acts which it before recognized, and was bound to recognize, as lawful.