American Law Magazine, 4. köideRothman., 1845 |
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Page 12
... appear in books , and from the opinion of several gentlemen , who have seen most of those dignitaries in the excrcise of their high functions , I have little doubt that such would have been his destiny , and none that he would have ...
... appear in books , and from the opinion of several gentlemen , who have seen most of those dignitaries in the excrcise of their high functions , I have little doubt that such would have been his destiny , and none that he would have ...
Page 13
... appear- ed precipitate , in his nisi prius opinions , I am sure they will admit that he of all men had the most right to decide promptly , and that the rectitude of his decisions generally justified their apparent haste . On this ...
... appear- ed precipitate , in his nisi prius opinions , I am sure they will admit that he of all men had the most right to decide promptly , and that the rectitude of his decisions generally justified their apparent haste . On this ...
Page 15
... appears in our reports , is not more a testimony of his power of enforcing his own , than of his candid estimation of that of others . He was not an arrogant man ; for , though he well knew his own powers , he also knew the fallibility ...
... appears in our reports , is not more a testimony of his power of enforcing his own , than of his candid estimation of that of others . He was not an arrogant man ; for , though he well knew his own powers , he also knew the fallibility ...
Page 23
... - munications from him on the subject of the comet , which last made its appear- ance in our hemisphere , which showed ingenuity and learning . revelation should furnish a consolation for his death . It CHIEF JUSTICE PARSONS . 23.
... - munications from him on the subject of the comet , which last made its appear- ance in our hemisphere , which showed ingenuity and learning . revelation should furnish a consolation for his death . It CHIEF JUSTICE PARSONS . 23.
Page 38
... appear by express terms , or be necessarily implied . This is strictly a local law , and as such , effect would be given to it , and the construction of the state courts would be adopted in every foreign tribunal . But if the ...
... appear by express terms , or be necessarily implied . This is strictly a local law , and as such , effect would be given to it , and the construction of the state courts would be adopted in every foreign tribunal . But if the ...
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Common terms and phrases
action application assignment assignor assumpsit authority Bank bill bridge chancellor Charles river bridge charter claim common law constitution construction contract conveyance corporation Counsellor at Law court of chancery court of equity creditor crime debt debtor decision declared deed defendant devise doctrine duty effect England entitled evidence execution exercise fee simple foreign franchise fraud give grant heirs Held indictment individual injunction intention interest issue judge judgment judicial jurisdiction jury land legislative legislature levying liable lien limits lord ment ministers mortgage North Carolina notice offence opinion paid party payment person subrogated plaintiff plea possession principles privilege proceeding promissory note provision punishment purchase question reason received road rule Smedes Smedes & Marshall statute statute of frauds suit supreme court surety testator tion tribunals trust United usury Watts & Serg Winyaw witness
Popular passages
Page 382 - ... provided that this act shall not render competent any party to any suit, action, or proceeding individually named in the record, or any lessor of the plaintiff, or tenant of premises sought to be recovered in ejectment, or the landlord or other person in whose right any defendant in repleven may make cognizance, or any person in whose immediate and individual behalf any action may be brought or defended, either wholly or in part...
Page 210 - a corporation, created by and transacting business in a state, Is to be deemed an inhabitant of the state, capable of being treated as a citizen, for all purposes of suing and being sued, and an averment of the facts of its creation and the place of transacting business is sufficient to give the circuit court Jurisdiction.
Page 194 - ... and that it should have been left to the jury to say whether it was necessary or practicable to provide such a device at the place in question.
Page 198 - DEVISE.— To W. (a natural son of the testator's sister) for life, and after his decease to the heirs of his body in such shares and proportions as W. by deed, &c. shall appoint ; and for want of such appointment to the heirs of the body of W.
Page 462 - Hotel, and certain desks and tables therein, should constitute the Court for the Correction of Errors of the State of New York.* What else does this bill do ? It directs that there shall be certain vaults, and safes, and rooms.
Page 429 - It is true that the assignee of a chose in action takes it subject to all the equities to which it was subject in the hands of the assignor...
Page 181 - Not only are charities for the maintenance and relief of the poor, sick, and impotent, charities in the sense of the common law, but also donations given for the establishment of colleges, schools, and seminaries of learning, and especially such as are for the education of orphans...
Page 457 - Where there is nothing in the context of a will from which it is apparent that a testator has used the words in which he has expressed himself in any other than their strict and primary sense, but his words so interpreted are insensible with reference to extrinsic circumstances, a court of law may look into the extrinsic circumstances of the case, to see whether the meaning of the words be sensible in any popular or secondary sense of which, with reference to these circumstances, they are capable.
Page 380 - ... or entry shall be sufficient evidence that such witness was examined in any subsequent proceeding in which the verdict or judgment shall be offered in evidence.
Page 312 - Rule in Shelley's Case is stated by Lord Coke (1 ^Coke 93)3, 1O4b, 76 Eng. Reprint 206, 234) to be that "When the ancestor, by any gift or conveyance taketh an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately to his heirs In fee or in tail .... the heirs are words of limitation of the estate and not words of purchase", and by Preston on Estates (Vol.