Grounds and Rudiments of Law, Volume 2Usona Book Company, 1908 |
Palavras e frases frequentes
Allegans allegations apparentibus APPELLATE PROCEDURE Audi alteram partem Bartemeyer Beach Bigl Bish Bouv Brown Campbell cause of action Caveat emptor cedure certainty Chit Cited collateral attack Colo commercial paper conserving principles Const construction CONSTRUCTIVE NOTICE construed contra proferentem contract Conts Cool coram judice coram non judice court Crim crime Cruikshank deed demurrer denial Dovaston due process Encyc equity estoppel evidence Expressio eorum Expressio unius federal fraud fundamental grounds and rudiments Hughes Ignorantia judgment judicial jure juridically jurisdiction Kent Lead lex scripta liable mandatory record maxim McClain Mech ment Mews pari delicto party pleadings præsentia principles of procedure Proc process of law quod res adjudicata rule Sales Sedgk Smith Stat statute statutory record supra Suth Thomp tion Torts Verba fortius void waived Whart Windsor
Passagens conhecidas
Página 432 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Página 432 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Página 432 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Página 512 - The servant is not bound to risk his safety in the service of his master, and may, if he thinks fit, decline any service in which he reasonably apprehends injury to himself ; and in most of the cases in which danger may be incurred, if not in all, he is just as likely to be acquainted with the probability and extent of it as the master.
Página 393 - Cardinal Wolsey said, that if he had pleased God as he pleased the king, he had not been ruined. My conscience saith no such thing ; for I know not but in serving you I have served God in one. But it may be, if I had pleased God, as I had pleased you, it would have been better with me.
Página 577 - Jurisprudence is the knowledge of things divine and human, the science of the just and the unjust.
Página 374 - Anniculus trecentesimo sexagesimo quinto die dicitur, incipiente plane, non exacto die, quia annum civiliter non ad momenta temporum sed ad dies numeramus, Dig.
Página 399 - 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.
Página 538 - The surrender by the government to the municipality of a portion of its sovereign power, if accepted by the latter, may with propriety be considered as affording ample consideration for an implied undertaking, "" on the part of the corporation, to perform with fidelity the duties which the charter imposes.
Página 416 - Cessante ratione legis, cessat ipsa lex. Reason is the soul of the law, and when the reason of any particular law ceases, so does the law itself.