The Law Quarterly Review, Volume 22Frederick Pollock Stevens and Sons, 1906 - Law |
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Page 18
... jury of the district of Virginia a charge carefully prepared as an intro- duction to the class of cases in question , and Wilson J. , who presided at the trial of the particular case in the 18 [ No. LXXXV . The Law Quarterly Review .
... jury of the district of Virginia a charge carefully prepared as an intro- duction to the class of cases in question , and Wilson J. , who presided at the trial of the particular case in the 18 [ No. LXXXV . The Law Quarterly Review .
Page 35
... jury had been misdirected , in that it had not been left to them to find that the act done might tend to public mischief . Without saying that there cannot be acts upon which an innocent construction might be put or that in some cases ...
... jury had been misdirected , in that it had not been left to them to find that the act done might tend to public mischief . Without saying that there cannot be acts upon which an innocent construction might be put or that in some cases ...
Page 36
... jury ? if it is not , why this solemn argument whether it is for the jury or not ? 1 The phrase in question , it must be observed , is brought on the scene in the indictment - probably one of the most ingenious ever framed and ...
... jury ? if it is not , why this solemn argument whether it is for the jury or not ? 1 The phrase in question , it must be observed , is brought on the scene in the indictment - probably one of the most ingenious ever framed and ...
Page 37
... jury should decide whether or no the publication was a libel . On proof of publication of the innuendoes and of the other necessary averments , the judge would direct the jury to find the defendant guilty . . . . But that Act declares ...
... jury should decide whether or no the publication was a libel . On proof of publication of the innuendoes and of the other necessary averments , the judge would direct the jury to find the defendant guilty . . . . But that Act declares ...
Page 38
... jury do not find . ' Erskine obtained a rule for a new trial on the ground of misdirection . His famous speech in support of the rule might , mutatis mutandis , be read as an argument for the duty of the judge in the present case as ...
... jury do not find . ' Erskine obtained a rule for a new trial on the ground of misdirection . His famous speech in support of the rule might , mutatis mutandis , be read as an argument for the duty of the judge in the present case as ...
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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...