The New-York Legal Observer, 4. köideSamuel Owen Samuel Owen, 1846 |
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Page 11
... matter . In most cases , he says , the question resolves itself into the inquiry , what was the intention of the legislature ? Did it mean to repeal or take & way the former law , or was the new sta- tute intended as merely cumulative ...
... matter . In most cases , he says , the question resolves itself into the inquiry , what was the intention of the legislature ? Did it mean to repeal or take & way the former law , or was the new sta- tute intended as merely cumulative ...
Page 18
... matter of no moment in this suit , whether such assigned property exceeds the debts or not . This question must be de- cided simply upon the validity of the assign- ment as divesting the title of the assignors . Nor do I think the rules ...
... matter of no moment in this suit , whether such assigned property exceeds the debts or not . This question must be de- cided simply upon the validity of the assign- ment as divesting the title of the assignors . Nor do I think the rules ...
Page 34
... matters in dis- given in it to determine what shall be done pute to the award , order and arbitrament of between the parties . certain persons , that is to say , one John Thom- cited Thompson v . Charnock , 8 T. R. 139 ; The learned ...
... matters in dis- given in it to determine what shall be done pute to the award , order and arbitrament of between the parties . certain persons , that is to say , one John Thom- cited Thompson v . Charnock , 8 T. R. 139 ; The learned ...
Page 37
... matter of this action . With a view to do this , he proved a notice to produce the probate of the will of John Gale , her husband , from whom Elizabeth Gale be- came entitled to the money , and also put in a judge's order to admit an ...
... matter of this action . With a view to do this , he proved a notice to produce the probate of the will of John Gale , her husband , from whom Elizabeth Gale be- came entitled to the money , and also put in a judge's order to admit an ...
Page 38
... matter , therefore , stands thus : the case resting on the facts as proved , the court sees which way the jury ought to have found ; and , as we have no doubt whatever that they ought to have found for the defendant , this rule must be ...
... matter , therefore , stands thus : the case resting on the facts as proved , the court sees which way the jury ought to have found ; and , as we have no doubt whatever that they ought to have found for the defendant , this rule must be ...
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Common terms and phrases
accord and satisfaction action Adol affidavit aforesaid agent agreement alleged amount appears apply assignment assumpsit attorney authority averment bank bankrupt bill branch bank cause charge chattels cited claim clerk commerce Common common law contract count court court of equity coverture creditor Cruger damages debt declaration deed defendant defendant's demurrer discharge duty endorsed entitled equity evidence execution executor fact feme covert fendant fraud fraudulent given granted ground held husband indictment intended issue judge judgment jury justice land liable LORD DENMAN marriage ment mortgage New-York obtained offence opinion paid party payment person plaintiff plaintiff in error plea plea in abatement pleaded possession promise proved purchase Queen's question reason recover rent Robert Huish rule sheriff statute sufficient suit testator thereof tiff tion trial trover trust verdict vessel Vice Chancellor wife writ
Popular passages
Page 335 - An act to amend an act entitled an act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam...
Page 172 - We do not see how a better test can be applied to the question whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 193 - The genius and character of the whole government seem to be that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally, but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government.
Page 336 - It is not intended to say that these words comprehend that commerce which is completely internal, which is carried on between man and man in a state, or between different parts of the same state, and which does not extend to or affect other states. Such a power would be inconvenient, and is certainly unnecessary. Comprehensive as the word among is, it may very properly be restricted to that commerce which concerns more states than one.
Page 408 - ... a person keeping a mischievous animal, with knowledge of its propensities, is bound to keep it secure at his peril, and that, if it does mischief, negligence is presumed without express averment.
Page 71 - By marriage the husband and wife are one person in law ; that is the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything...
Page 26 - ... trust for the children of the marriage, as the husband and wife should jointly appoint, and in default of such appointment...
Page 160 - The jury found a verdict for the plaintiff on all the issues. In Michaelmas term, 1851, Butt obtained a rule to show cause why the verdict should not be set aside, and a new trial had on the ground of misdirection, or for arresting the judgment.
Page 101 - That no person who shall arrive in the United States from and after the time when this act shall take effect, shall be admitted to become a citizen of the United States who shall not for the continued term of five years next preceding his admission as aforesaid, have resided within the United States, without being at any time during the Haid five years out of the territory of the United States.
Page 194 - It is obvious that the government of the Union, in the exercise of its express powers, — that, for example, of regulating commerce with foreign nations and among the States, — may use means that may also be employed by a State in the exercise of its acknowledged powers; that, for example, of regulating commerce within the State.