The American Jurist, Volume 9Freeman & Bolles, 1833 - Law |
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Page 11
... effect and disturbs preexisting rights , it ceases to have the char- acter of a law and takes that of a judgment . As far as it operates on the past it is not a ' rule of civil conduct , ' it bears none of the characteristic features of ...
... effect and disturbs preexisting rights , it ceases to have the char- acter of a law and takes that of a judgment . As far as it operates on the past it is not a ' rule of civil conduct , ' it bears none of the characteristic features of ...
Page 13
... effect this it was necessary to annihilate the scientific character of law , and de- grade jurisprudence from a science , having its foundations in liberal and philosophical reasoning , to the rank of a mechanic art . For this purpose ...
... effect this it was necessary to annihilate the scientific character of law , and de- grade jurisprudence from a science , having its foundations in liberal and philosophical reasoning , to the rank of a mechanic art . For this purpose ...
Page 18
... effect . It allows their validity as an excep- tion by way of defence when it will not support them as the foundation of an original action . And when the obligation is acquitted by the person bound , he will not be relieved from his ...
... effect . It allows their validity as an excep- tion by way of defence when it will not support them as the foundation of an original action . And when the obligation is acquitted by the person bound , he will not be relieved from his ...
Page 20
... effect the last will of the testator , though made known in an instrument that is void . The payment cannot be said to be without a reasonable cause and is not subject to repetition . 11 Toull . 72-80 . A note or bond is extorted from a ...
... effect the last will of the testator , though made known in an instrument that is void . The payment cannot be said to be without a reasonable cause and is not subject to repetition . 11 Toull . 72-80 . A note or bond is extorted from a ...
Page 29
... effect of codification would be thus hostile to the We have not had the benefit of seeing the work of M. Savigny , and our knowledge of it is principally derived from M. Meyer , and the account given of it by M. Lerminier , in his ...
... effect of codification would be thus hostile to the We have not had the benefit of seeing the work of M. Savigny , and our knowledge of it is principally derived from M. Meyer , and the account given of it by M. Lerminier , in his ...
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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...