The American Jurist, Volume 9Freeman & Bolles, 1833 - Law |
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Page 9
... considered as coming from one who has derived all his ideas of law from the practical routine of business in the English courts . But we were not prepared to see it urged with so much seriousness by a jurist like Mr. Park , whose mind ...
... considered as coming from one who has derived all his ideas of law from the practical routine of business in the English courts . But we were not prepared to see it urged with so much seriousness by a jurist like Mr. Park , whose mind ...
Page 10
... considered as conclusive proof of the , custom . But it furnishes a rule for no other case . If the case to be decided agrees with the precedent in nine points , but dif- fers in the tenth , the precedent does not apply ; and if the ...
... considered as conclusive proof of the , custom . But it furnishes a rule for no other case . If the case to be decided agrees with the precedent in nine points , but dif- fers in the tenth , the precedent does not apply ; and if the ...
Page 13
... considered in either view it is faulty and defective . As an analysis of the law it is deficient in philosophical precision , and in the developement of general principles , and as a manual , it is deficient in not giving all the ...
... considered in either view it is faulty and defective . As an analysis of the law it is deficient in philosophical precision , and in the developement of general principles , and as a manual , it is deficient in not giving all the ...
Page 18
... considered as the acquittal of a natural obligation , and the money cannot be recovered back . Toull . vol . 11 , No. 87 . When the civil obligation is cancelled by a perpetual bar 18 [ Jan. Written and Unwritten Systems of Laws .
... considered as the acquittal of a natural obligation , and the money cannot be recovered back . Toull . vol . 11 , No. 87 . When the civil obligation is cancelled by a perpetual bar 18 [ Jan. Written and Unwritten Systems of Laws .
Page 19
... considered as still subsisting . If a man , therefore , pays a debt after it is barred by a prescription or by the statute of limitations , with the knowledge that the time of prescription has run out , he cannot recover it back ...
... considered as still subsisting . If a man , therefore , pays a debt after it is barred by a prescription or by the statute of limitations , with the knowledge that the time of prescription has run out , he cannot recover it back ...
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action administration adverse possession appear argument articles of confederation assignment assumpsit attachment attorney authority auxiliary end bill bond cause charge charter citizen claim colonies common law compact confederation congress consent constitution contempt contract conveyance court covenant creditors debt debtor declaration deed defendant doctrine entitled estoppel evidence execution executor exercise facts feme covert Greenleaf heirs held impeachment interest issue Judge Peck judgment judicial jury justice land Lawless legislation legislature liable lien marriage ment mortgage nature object offence opinion paid party payment Penn person plaintiff plea pleading possession principles proceedings promissory note proof prove punishment purchaser question recover respect rule scire facias seal sheriff statute statute of limitations suit surety tenant testator tion trial trial by jury trustee United Vermont Wend whole witness writ
Popular passages
Page 270 - ... the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected...
Page 278 - As the ends of such a partnership cannot be obtained in many generations, it becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.
Page 278 - It is a partnership in all science, a partnership in all art, a partnership in every virtue, and in all perfection.
Page 441 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action, due to him, or held in trust for him...
Page 278 - It is the first and supreme necessity only, a necessity that is not chosen but chooses, a necessity paramount to deliberation, that admits no discussion and demands no evidence, which alone can justify a resort to anarchy.
Page 274 - ... this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Page 251 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 340 - ... such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Page 274 - That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party : That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Page 267 - ... be preserved entire without endangering the stability of the general confederacy ; to remind them how indispensably necessary it is to establish the Federal Union on a fixed and permanent basis, and on principles acceptable to all its respective members...