The Law Magazine, Or, Quarterly Review of Jurisprudence, 24. köideSaunders and Benning, 1840 |
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Page 8
... jury found that on the night in question it had not been nailed down . In this case the judges held that the breaking was sufficient . The result , however , of those cases and the impression of the profession are that the lifting up of ...
... jury found that on the night in question it had not been nailed down . In this case the judges held that the breaking was sufficient . The result , however , of those cases and the impression of the profession are that the lifting up of ...
Page 28
... juries were in the habit of considering the position and connections of the party as well as the merits of the case . But such a law can serve no other purpose now , than to restrain persons ac- tuated by charitable or friendly motives ...
... juries were in the habit of considering the position and connections of the party as well as the merits of the case . But such a law can serve no other purpose now , than to restrain persons ac- tuated by charitable or friendly motives ...
Page 39
... jury , Foul murder sanction in broad day Not on the King's but God's highway ! ' . Touch'd with the sharp but just appeal , Well turn'd at least to make me feel , Instant this solemn oath I took- No hand shall rise against a rook ...
... jury , Foul murder sanction in broad day Not on the King's but God's highway ! ' . Touch'd with the sharp but just appeal , Well turn'd at least to make me feel , Instant this solemn oath I took- No hand shall rise against a rook ...
Page 49
... jury , which no one can doubt they would have gladly withheld . " From these principles , supported by these cases , I infer that , without proof of non - access , the presumption derivable from access must be conclusive . Such is the ...
... jury , which no one can doubt they would have gladly withheld . " From these principles , supported by these cases , I infer that , without proof of non - access , the presumption derivable from access must be conclusive . Such is the ...
Page 53
... jury found a cor- responding verdict ; but a rule having been obtained to set it aside for the judge's misdirection , I had to support his opinion in the Court of King's Bench . When I had finished my argument , he said - I fear with ...
... jury found a cor- responding verdict ; but a rule having been obtained to set it aside for the judge's misdirection , I had to support his opinion in the Court of King's Bench . When I had finished my argument , he said - I fear with ...
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Common terms and phrases
action admitted affidavit afterwards alleged amend appear applied appointed Assembly assumpsit attorney authority Berryer bill borough cause Chancellor charge Church commissioners common law Company congregation costs Court of Chancery criminal debts declaration deed defendant duty dwelling-house entitled Erskine evidence execution false father felony give guardian Held House of Lords indictment infant issue judge judgment jurisdiction jury justice land legacies letters of marque liable Lord Lord Chancellor Lord Eldon Lord Erskine mandamus marriage matter ment minister mortgage notice offence paid parish parliament party payment person petition plaintiff plea pleaded possession Practice Presbytery present presentee principle proceedings punishment purchase purpose question railway rateable received records refused repealed rule Scott's N. R. session sheriff socage statute sufficient suit tenant testator tion trial trustees Vict ward wife writ writ of summons
Popular passages
Page 56 - Of law there can be no less acknowledged, than that her seat is the bosom of God, her voice the harmony of the world ; all things in heaven and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...
Page 404 - An express promise, therefore, as it should seem, can only revive a precedent good consideration which might have been enforced at law through the medium of an implied promise had it not been suspended by some positive rule of law, but can give no original right of action if the obligation on which it is founded never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 236 - An Act to indemnify such persons in the United Kingdom as have omitted to qualify themselves for offices and employments, and for extending the time limited for those purposes respectively...
Page 419 - ... be paid into the Bank of England in the name and with the privity of the Accountant-General of the Court of Chancery...
Page 91 - The ages of male and female are different for different purposes. A male at twelve years old may take the oath of allegiance ; at fourteen is at years of discretion, and therefore may consent or disagree to marriage, may choose his guardian, and, if his discretion be actually proved, may make his testament of his personal estate...
Page 40 - The sum is this. If man's convenience, health, Or safety interfere, his rights and claims Are paramount, and must extinguish theirs. Else they are all — the meanest things that are, As free to live, and to enjoy that life, As God was free to form them at the first, Who in his sovereign wisdom made them all.
Page 422 - ... contrary to the form of the statute in that case made and provided; whereby, and by force of the statutes in that case made and provided, the said vessel &c. became and was forfeited.
Page 323 - Ed. lived through the times and was mixed up, heart and soul, in the matters he speaks of, 'if any person be desirous of having an adequate idea of the mischievous effects which have been produced in this country by the French Revolution and all its attendant horrors, he should attempt some reforms on humane and liberal principles.
Page 404 - P. 249] , and the conclusion there arrived at seems to be correct in general, "that an express promise can only revive a precedent good consideration, which might have been enforced at law through the medium of an implied promise, had it not been suspended by some positive rule of law; but can give no original cause of action, if the obligation, on which it is founded, never could have been enforced at law, though not barred by any legal maxim or statute provision.
Page 64 - Burnet, with as much gravity as if he believed every word he was saying. Both Henry and Thomas were saving men, yet both died very poor. The latter at one time possessed £200,000 ; the other had a considerable fortune. The Earl alone has died wealthy. It is saving, not getting, that is the mother of riches. They all had wit. The Earl's was crack-brained, and sometimes caustic ; Henry's was of the very kindest, best-humoured, and gayest sort that ever cheered society; that of Lord Erskine was moody...