University Law Review, Volume 2New York University Law Department., 1894 - Law |
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affirmative alleged allowed amendment American appears Appellate Court applied arbitration assignment attorney Austin Abbott authority Bank Benjamin Vaughan Abbott bill bottomry burden calendar cause of action City claim Code collision common law Congress constitutional contract corporation Court held Court of Appeals court of equity creditors damages debt debtor decision defendant defendant's doctrine duty effect Emily Souder enforce evidence examination existence fact fraud give Grapeshot husband interest Judge judgment judicial jurisdiction jury justice Law School lawyer legislation legislature liability maritime law maritime lien marriage ment mortgage negligence opinion owner party payment person plaintiff pleading practice present presumption principle procedure Prof profession quantum meruit question reason received recover remedy Replevin result rule says ship statute student Supreme Court sustained testator tion tort trial trust United vessel wife witness York
Popular passages
Page 60 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 139 - No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State...
Page 23 - The power to construct, or to authorize individuals or corporations to construct, national highways and bridges from State to State, is essential to the complete control and regulation of interstate commerce. Without authority in Congress to establish and maintain such highways and bridges, it would be without authority to regulate one of the most important adjuncts of commerce.
Page 281 - Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.
Page 21 - After the most deliberate consideration, it is the unanimous and decided opinion of this court that the act to incorporate the bank of the United States is a law made in pursuance of the constitution, and is a part of the supreme law of the land.
Page 289 - ... saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it...
Page 8 - Any manufacturer finding it necessary to use alcohol in the arts, or in any medicinal or other like compound, may use the same under regulations to be prescribed by the Secretary of the Treasury, and on satisfying the collector of internal revenue for the district wherein he resides or carries on business that he has complied with such regulations and has used such alcohol therein, and exhibiting and delivering up the stamps which show that a tax has been pa1d thereon, shall be entitled to receive...
Page 310 - If it be provided by this chapter or any other general or special law that a person shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may testify or produce evidence, documentary or otherwise...
Page 21 - But where the law is not prohibited, and is really calculated to effect any of the objects intrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground.
Page 302 - His business is to ascertain and state the true financial position of the company at the time of the audit, and his duty is confined to that.