The American Law Register, Volume 2D.B. Canfield & Company, 1863 - Law |
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Page 27
... duty to be performed by the plaintiff to ascertain the mental capacity of the defendant and to bring it before the Court for its consideration , that such a guardian " ( ad litem ) " may be appointed . " But with all due respect , it ...
... duty to be performed by the plaintiff to ascertain the mental capacity of the defendant and to bring it before the Court for its consideration , that such a guardian " ( ad litem ) " may be appointed . " But with all due respect , it ...
Page 47
... duty of the Court to discharge the prisoner absolutely ; but where the error , though apparent in the record only , is of a character that renders the trial and conviction illegal , so that the prisoner cannot legally be said to have ...
... duty of the Court to discharge the prisoner absolutely ; but where the error , though apparent in the record only , is of a character that renders the trial and conviction illegal , so that the prisoner cannot legally be said to have ...
Page 50
... duty of the maker or acceptor to take it up when it fell due , and therefore it is fairly inferable from his possession of it , after that time , that it has fulfilled its office . But before it has fallen due , the maker of a ...
... duty of the maker or acceptor to take it up when it fell due , and therefore it is fairly inferable from his possession of it , after that time , that it has fulfilled its office . But before it has fallen due , the maker of a ...
Page 80
... duty ( as well as the right ) of a court to pass upon the question and nonsuit ; —there are three strong cases ; one in 91 Eng . Com . Law Rep . ; one in 29 Conn . Rep . , and one in 1 Allen ( Mass . ) Rep . 187. The Connecticut case ...
... duty ( as well as the right ) of a court to pass upon the question and nonsuit ; —there are three strong cases ; one in 91 Eng . Com . Law Rep . ; one in 29 Conn . Rep . , and one in 1 Allen ( Mass . ) Rep . 187. The Connecticut case ...
Page 87
... duty is enjoined and a mutual liability results from a failure to perform that duty ; and a party who fails in per- forming his own part thereof , is in no condition to enforce the penalty of a breach on the other party . Having ...
... duty is enjoined and a mutual liability results from a failure to perform that duty ; and a party who fails in per- forming his own part thereof , is in no condition to enforce the penalty of a breach on the other party . Having ...
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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.