The Law Quarterly Review, Volume 22Frederick Pollock Stevens and Sons, 1906 - Law |
From inside the book
Results 1-5 of 92
Page 29
... statement in the Report of the Board of Trade above referred to , that the accounts collected under section 25 of the Bankruptcy Act , 1890 , ' continue to illustrate the numerous abuses connected with the administration of estates ...
... statement in the Report of the Board of Trade above referred to , that the accounts collected under section 25 of the Bankruptcy Act , 1890 , ' continue to illustrate the numerous abuses connected with the administration of estates ...
Page 35
... statement of the present 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 ...
... statement of the present 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 ...
Page 38
... statement of a Lord Chancellor - that the Libel Act was only declaratory , i . e . all the time the common law was , so to say , on the side of juries . The principles which underlie it must surely apply here . We may try to educe some ...
... statement of a Lord Chancellor - that the Libel Act was only declaratory , i . e . all the time the common law was , so to say , on the side of juries . The principles which underlie it must surely apply here . We may try to educe some ...
Page 73
... statement as if a definite legal doctrine of persons , much less artificial persons , was to be ascribed to the patriarchal stage of society . For in that stage , as Maine also says , a man was not yet regarded as an individual , but ...
... statement as if a definite legal doctrine of persons , much less artificial persons , was to be ascribed to the patriarchal stage of society . For in that stage , as Maine also says , a man was not yet regarded as an individual , but ...
Page 80
... statements made in the early part of this chapter about the Roman doctrine of capture in war , its relation to the ordinary rules of occupatio , and the relation of both to the modern law of nations , are not easy to follow . Maine's ...
... statements made in the early part of this chapter about the Roman doctrine of capture in war , its relation to the ordinary rules of occupatio , and the relation of both to the modern law of nations , are not easy to follow . Maine's ...
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Common terms and phrases
ancient appears authority Bengal century Chinese common law contract conveyance corporation County Courts Court of Appeal customary law Dayabhaga decided decision Deemster divorce doctrine domiciled doubt duty dynasty edition England English law equity existence expectant heirs fact favour feudal foreign freehold future interest High Court Hindu husband indictment inheritance intacks international law Jimutavahana judges judgment judicial jurisdiction jury justice king L. J. Ch land law of England lawyers liability London Lord Lord Mansfield Maitland Mann matter ment Mitakshara money-lender nature notes official opinion original parties persons petition of right plaintiff practice present principle public mischief punishments quarterlands question reason reference registered Report Roman law rule Rule against Perpetuities salvage seems seisin statute Sweet & Maxwell take effect Tang dynasty tantras tenant tenure term theory tion trust Udal valid words
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...