A Collection of Cases Decided by the General Court of Virginia, Chiefly Relating to the Penal Laws of the Commonwealth, Copied from the Records of Said Court, with Explanatory NotesJames Webster, 1815 - 336 páginas |
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Página 3
... given by those judges at a conference held in June 1810 . Denny Fairfax against Robert Stephen . The same against David Hunter . THESE HESE were cases depending on caveats , adjourned by the District Court of Winchester , in April 1790 ...
... given by those judges at a conference held in June 1810 . Denny Fairfax against Robert Stephen . The same against David Hunter . THESE HESE were cases depending on caveats , adjourned by the District Court of Winchester , in April 1790 ...
Página 6
... given in the case of Bird's administrator against Scott , to wit , " That a subsequent " judgment depending on a prior judgment , ( which prior " judgment is reversed ) may be reversed without error 6 Cases decided in the.
... given in the case of Bird's administrator against Scott , to wit , " That a subsequent " judgment depending on a prior judgment , ( which prior " judgment is reversed ) may be reversed without error 6 Cases decided in the.
Página 11
... given by Camp- " bell's party and going to fight any one that would in- " sult him . The prisoner at the bar observing this , re- 66 quested the said Dawkins to get him a club , and he " would take his knife , which knife he took out of ...
... given by Camp- " bell's party and going to fight any one that would in- " sult him . The prisoner at the bar observing this , re- 66 quested the said Dawkins to get him a club , and he " would take his knife , which knife he took out of ...
Página 13
... given by the " prisoner at the bar . Upon the whole matter the jury 66 pray the advice of the court ; and if the court should " be of opinion that the prisoner is guilty of murder , " then we of the jury do find the prisoner is guilty ...
... given by the " prisoner at the bar . Upon the whole matter the jury 66 pray the advice of the court ; and if the court should " be of opinion that the prisoner is guilty of murder , " then we of the jury do find the prisoner is guilty ...
Página 15
... is not sufficient in law 66 to sustain the charge as laid in the said indictment , " and that judgment thereon ought to be given for the " defendant . " William Edmiston , who as well for the Common- wealth General Court of Virginia . 15.
... is not sufficient in law 66 to sustain the charge as laid in the said indictment , " and that judgment thereon ought to be given for the " defendant . " William Edmiston , who as well for the Common- wealth General Court of Virginia . 15.
Outras edições - Ver tudo
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia Court Pré-visualização indisponível - 2019 |
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia General Court Pré-visualização indisponível - 2016 |
Palavras e frases frequentes
act of assembly affidavit aforesaid appear appointment attorney authority award Brockenbrough cause charged circuit court clerk committed common law Commonwealth against John considered consisting of Judges constitution convicted county court court of appeals court of chancery court of law court of record criminal decided declared defendant demurrer discharged from further discriminate district court dollars duty examining court execution exercise felony fendant Frederick Becktoll further prosecution George Wythe grand jury guilty Harrison county hath Henrico county homicide indictment John Miller judge in chancery judiciary jurisdiction justice larceny legislature M'Caul manslaughter ment motion murder Nelson novelty and difficulty November opinion peace person Peter Leath plaintiff plea of autrefoits pleaded power to acquit prisoner was indicted quash question remanded repugnant Richard Bowden Robert Mitchell Samuel Myers sect sheriff shew slave statute superior court thereof tiel tion trial tried Tucker verdict Virginia vols warrant writ
Passagens conhecidas
Página ii - IDE, of the said District, hath deposited in this office, the title of a book, the right whereof he claims as proprietor, in the words following, to wit : " Inductive Grammar, designed for beginners. By an Instructer." In conformity to the act of the Congress of the United States...
Página ii - An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the times therein mentioned." And also to the act, entitled " An Act supplementary to an Act, entitled, " An Act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies during the time therein mentioned," and extending the benefits thereof to the arts of designing, engraving, and...
Página 82 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 83 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 102 - That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
Página 82 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 82 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Página 83 - If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Página 179 - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
Página 82 - The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body.