The Law Quarterly Review, Volume 22Frederick Pollock Stevens and Sons, 1906 - Law |
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Page 35
... existence of a state of mind being an allegation of an existing fact . It could not have been said that the law had been strained , if such a count had been used in this case , for a fraud had undoubtedly been practised on the Foreign ...
... existence of a state of mind being an allegation of an existing fact . It could not have been said that the law had been strained , if such a count had been used in this case , for a fraud had undoubtedly been practised on the Foreign ...
Page 44
... existence a new indictable offence ? Let us turn to high authority . ' It seems to be assumed , ' says 2 the very learned judge last cited , ' that when a judge is called on to deal with a new combination of circumstances , he is at ...
... existence a new indictable offence ? Let us turn to high authority . ' It seems to be assumed , ' says 2 the very learned judge last cited , ' that when a judge is called on to deal with a new combination of circumstances , he is at ...
Page 48
... existence , of any other ? ་ On the whole , it is submitted that this new combination of circumstances ' has not been dealt with ' in accordance with prin- 1 Law Journal , Sept. 23 , 1905 . 2 [ 1905 ] 2 K. B. 731 . ciples already ...
... existence , of any other ? ་ On the whole , it is submitted that this new combination of circumstances ' has not been dealt with ' in accordance with prin- 1 Law Journal , Sept. 23 , 1905 . 2 [ 1905 ] 2 K. B. 731 . ciples already ...
Page 73
... existence of contrary custom ; and at the time of the Renaissance and even earlier it served speculative publicists in much the same way as the principle of utility ( with which it has considerable affinities ) has served modern ...
... existence of contrary custom ; and at the time of the Renaissance and even earlier it served speculative publicists in much the same way as the principle of utility ( with which it has considerable affinities ) has served modern ...
Page 75
... existence in the person of his heir , ' and the intimate connexion of that theory with the ancestor's representative character as head of the family , goes to the root of the matter . Mr. Justice Holmes , now of the Supreme Court of the ...
... existence in the person of his heir , ' and the intimate connexion of that theory with the ancestor's representative character as head of the family , goes to the root of the matter . Mr. Justice Holmes , now of the Supreme Court of the ...
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Popular passages
Page 411 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 23 - It may not be unworthy of remark, that it is very unusual, even in cases of conquest, for the conqueror to do more than to displace the sovereign and assume dominion over the country. The modern usage of nations, which has become law, would be violated; that sense of justice and of right which is acknowledged and felt by the whole civilized world would be outraged, if private property should be generally confiscated, and private rights annulled. The people change their allegiance; their relation...
Page 406 - ... mariners, and of all other perils, losses, and misfortunes that have, or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, etc., or any part thereof.
Page 409 - It is perhaps correct to say that public policy is that principle of law which holds that no person can lawfully do that which has a tendency to be injurious to the public or against the public good, which may be designated, as it sometimes has been, the policy of the law, or public policy in relation to the administration of the law.
Page 414 - For though in particular cases the repugnance of the law to dissolve the obligations of matrimonial cohabitation may operate with great severity upon individuals, yet it must be carefully remembered that the general happiness of the married life is secured by its indissolubility. When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off; they become good husbands,...
Page 324 - ... the rule against perpetuities. "The rule against perpetuities is thus stated : 'No interest subject to a condition precedent is good unless the condition must be fulfilled, if at all, within twenty-one years after some life in being at the creation of the interest.
Page 21 - He is entrusted with making the treaty of peace: he may yield up the conquest, or retain it upon what terms he pleases. These powers no man ever disputed, neither has it hitherto been controverted that the King might change part or the whole of the law or political form of government of a conquered dominion.
Page 324 - No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.
Page 14 - But any doctrine so invoked must be one really accepted as binding between nations, and the international law sought to be applied must, like anything else, be proved by satisfactory evidence which must...
Page 112 - Frauds does not prevent the proof of a fraud ; and that it is a fraud on the part of a person to whom land is conveyed as a trustee, and who knows it was so conveyed, to deny the trust and claim the land himself. Consequently, notwithstanding the statute, it is competent for a person claiming land conveyed to another to prove by parol evidence that it was so conveyed upon trust for the claimant, and that the grantee, knowing the facts, is denying the trust and relying upon the form of conveyance...