The Southern Law Review: And Chart of the Southern Law and Collection Union, Volume 3Roberts & Purvis, 1877 |
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Página 14
... particular the jurisdiction of the state court is lessened by the last act ( the act of 1867 ) , or in what respect the difference in phraseology supports the theory of the defendants , as ' a suit by a plaintiff against a defendant ...
... particular the jurisdiction of the state court is lessened by the last act ( the act of 1867 ) , or in what respect the difference in phraseology supports the theory of the defendants , as ' a suit by a plaintiff against a defendant ...
Página 91
... particular case to support a strict rule of law on grounds of public policy . " Equitable estoppels are admitted on exactly the opposite ground of promoting the equity and justice of the individual case by preventing a party from ...
... particular case to support a strict rule of law on grounds of public policy . " Equitable estoppels are admitted on exactly the opposite ground of promoting the equity and justice of the individual case by preventing a party from ...
Página 94
... Particular instances in which the right or custom was claimed , recognized , or exercised , or in which its existence was disputed , asserted , or departed from . " Facts showing the existence of any state of mind — such as intention ...
... Particular instances in which the right or custom was claimed , recognized , or exercised , or in which its existence was disputed , asserted , or departed from . " Facts showing the existence of any state of mind — such as intention ...
Página 96
... particular course of business ; " Acts showing that a particular person assumed to be a public officer . " To the analysis just given , however , there are objections which I state in outline in my forthcoming work on Evidence ( § 26 ) ...
... particular course of business ; " Acts showing that a particular person assumed to be a public officer . " To the analysis just given , however , there are objections which I state in outline in my forthcoming work on Evidence ( § 26 ) ...
Página 101
... particular manors by throwing them open to the customs of all surrounding manors . But whenever a connection between the manors is proved , such customs become admissible . It is not enough , it is true , to show merely that the two lie ...
... particular manors by throwing them open to the customs of all surrounding manors . But whenever a connection between the manors is proved , such customs become admissible . It is not enough , it is true , to show merely that the two lie ...
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The Southern Law Review: And Chart of the Southern Law and ..., Volume 1 Visualização integral - 1872 |
The Southern Law Review: And Chart of the Southern Law and ..., Volume 2 Visualização integral - 1873 |
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Passagens conhecidas
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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.