The Southern Law Review: And Chart of the Southern Law and Collection Union, Band 3Roberts & Purvis, 1877 |
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Seite 16
... received . It contains the opinions of Treat and Dillon , JJ . , in the case of Cape Girar- deau R. v . Winston et al . , recently decided at St. Louis . The application was to remand the cause , which had been removed from the state ...
... received . It contains the opinions of Treat and Dillon , JJ . , in the case of Cape Girar- deau R. v . Winston et al . , recently decided at St. Louis . The application was to remand the cause , which had been removed from the state ...
Seite 43
... received in consideration thereof . If a contract is illegal , and something has been given for or done under it , the general rule of law is that the courts . will not interfere to aid either party . If they have engaged in an unlawful ...
... received in consideration thereof . If a contract is illegal , and something has been given for or done under it , the general rule of law is that the courts . will not interfere to aid either party . If they have engaged in an unlawful ...
Seite 44
... received on a specified illegal transaction shall be deemed to be received without consideration , and may be recovered back . Of such a statute there might possibly be room for say- ing that it was penal in its nature , and its repeal ...
... received on a specified illegal transaction shall be deemed to be received without consideration , and may be recovered back . Of such a statute there might possibly be room for say- ing that it was penal in its nature , and its repeal ...
Seite 58
... received the deliberate sanction of any court in banc , and has not ripened into a prece- dent , even in England . It is , at most , but evidence of what the common law is , as now administered in that country , but us . 17 Rex v ...
... received the deliberate sanction of any court in banc , and has not ripened into a prece- dent , even in England . It is , at most , but evidence of what the common law is , as now administered in that country , but us . 17 Rex v ...
Seite 83
... received the paper containing your opinion in the very important case of Allen v . McKean . It is impossible a subject could have been brought before you on which you are more completely au fait . It would seem as if the state ...
... received the paper containing your opinion in the very important case of Allen v . McKean . It is impossible a subject could have been brought before you on which you are more completely au fait . It would seem as if the state ...
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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.