The Southern Law Review: And Chart of the Southern Law and Collection Union, Band 3Roberts & Purvis, 1877 |
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Seite 7
... action of the state court is not necessary . But the act of 1789 authorized the petition for removal to be filed by the applicant " at the time of enter- ing his appearance in such state court , " and this might be in vacation as well ...
... action of the state court is not necessary . But the act of 1789 authorized the petition for removal to be filed by the applicant " at the time of enter- ing his appearance in such state court , " and this might be in vacation as well ...
Seite 33
... ACTION AND DEFENCES . A very interesting and important question frequently is , what effect has been produced upon a right of action , or upon a previously existing defence to an action , by a change in the law effected by statute after ...
... ACTION AND DEFENCES . A very interesting and important question frequently is , what effect has been produced upon a right of action , or upon a previously existing defence to an action , by a change in the law effected by statute after ...
Seite 48
... Action . - From time to time the law of torts i changed , and remedies given where none existed before . I is not customary to make legislation of this character retre spective , and the right to do so is sufficiently questionable to ...
... Action . - From time to time the law of torts i changed , and remedies given where none existed before . I is not customary to make legislation of this character retre spective , and the right to do so is sufficiently questionable to ...
Seite 78
... action . A ludicrous instance of the exercise of this sovereign power occurred early in my practice at Westmoreland . A poor man was accused of having stolen two small pigs of a neigh- bor , who applied at my office for a prosecution ...
... action . A ludicrous instance of the exercise of this sovereign power occurred early in my practice at Westmoreland . A poor man was accused of having stolen two small pigs of a neigh- bor , who applied at my office for a prosecution ...
Seite 79
... action . There the parties again met , and , after due argumentation and deliberation had , that court determined they would do nothing with it . By this time the pig action had gained . extensive notoriety , and tended much to bring ...
... action . There the parties again met , and , after due argumentation and deliberation had , that court determined they would do nothing with it . By this time the pig action had gained . extensive notoriety , and tended much to bring ...
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Beliebte Passagen
Seite 436 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Seite 963 - The practice, pleadings and forma and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.
Seite 81 - The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles supposed to have been long and well established to decide it.
Seite 464 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Seite 644 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Seite 17 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Seite 11 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Seite 137 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Seite 381 - In other countries, the people, more simple and of a less mercurial cast, judge of an ill principle in government only by an actual grievance. Here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance ; and snuff the approach of tyranny in every tainted breeze.
Seite 979 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.