The Southern Law Review, Band 3Soule, Thomas & Wentworth, 1877 |
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Seite 13
... effect a radical change in the existing construction of statutes in pari materia . The privilege of removal is conceded to both plaintiff and defendant , and the enact- ment is more nearly in the words of the constitution . The first ...
... effect a radical change in the existing construction of statutes in pari materia . The privilege of removal is conceded to both plaintiff and defendant , and the enact- ment is more nearly in the words of the constitution . The first ...
Seite 15
... effect is the language of Mr. Justice Davis in Knapp v . Railroad Company , 20 Wall . 117 . The argument relied on , pushed to its logical results , would enable a single non - resident party , either plaintiff or defendant , to remove ...
... effect is the language of Mr. Justice Davis in Knapp v . Railroad Company , 20 Wall . 117 . The argument relied on , pushed to its logical results , would enable a single non - resident party , either plaintiff or defendant , to remove ...
Seite 32
... effect . There is , I think , far less ground of com- plaint than might be expected , since private justice is , in the main , administered in the states which have adopted the elective system with at least tolerable ability and ...
... effect . There is , I think , far less ground of com- plaint than might be expected , since private justice is , in the main , administered in the states which have adopted the elective system with at least tolerable ability and ...
Seite 33
III . THE EFFECT OF A CHANGE IN THE LAW UPON RIGHTS OF 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 ...
III . THE EFFECT OF A CHANGE IN THE LAW UPON RIGHTS OF 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 ...
Seite 34
... effect.3 The decisions to the like effect in the state courts are very numerous , and it may almost be said that the doctrine has been held without dissent , there being scarcely an instance 2 Norris v . Crocker , 13 How . 429 . 3 ...
... effect.3 The decisions to the like effect in the state courts are very numerous , and it may almost be said that the doctrine has been held without dissent , there being scarcely an instance 2 Norris v . Crocker , 13 How . 429 . 3 ...
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Seite 431 - 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 306 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of 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 325 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in the use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Seite 350 - ... the faith of the United States is solemnly pledged to the payment in coin or its equivalent of all the obligations of the United States...
Seite 201 - An Act for the further security of His Majesty's person and Government, and the succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors...
Seite 637 - 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 6 - ... 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 12 - 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 972 - 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.
Seite 130 - 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.