The Southern Law Review: And Chart of the Southern Law and Collection Union, Volume 3Roberts & Purvis, 1877 - Law |
From inside the book
Results 1-5 of 72
Page 50
... jury which was interpreted as equivalent to telling them , that , from the mere fact of kill- ing , which was substantially admitted , the jury should infer the " premeditated design to effect the death , " and return a verdict of ...
... jury which was interpreted as equivalent to telling them , that , from the mere fact of kill- ing , which was substantially admitted , the jury should infer the " premeditated design to effect the death , " and return a verdict of ...
Page 51
And Chart of the Southern Law and Collection Union. guish the question before the jury , under the statute , from the familiar one at common law , where , by perhaps the majority of judges , it is held that , from a mere killing , or a ...
And Chart of the Southern Law and Collection Union. guish the question before the jury , under the statute , from the familiar one at common law , where , by perhaps the majority of judges , it is held that , from a mere killing , or a ...
Page 52
... at great risk of doing injustice . The law is tender of the rights of those accused of crime , to the extent of securing to them , by every means , a fair and impartial trial by a jury of the country , and 52 122 A BRACE OF NOTED CASES .
... at great risk of doing injustice . The law is tender of the rights of those accused of crime , to the extent of securing to them , by every means , a fair and impartial trial by a jury of the country , and 52 122 A BRACE OF NOTED CASES .
Page 53
... jury should find many indictments for petty offences growing out of one series of facts , where the whole could be more conveniently embraced in separate counts of one indictment , doubtless it would be competent for the court to order ...
... jury should find many indictments for petty offences growing out of one series of facts , where the whole could be more conveniently embraced in separate counts of one indictment , doubtless it would be competent for the court to order ...
Page 54
... jury , it could require the prosecuting officer to elect on what count , or for what criminal transaction , he would proceed . In cases of felony the practice prevailing in most localities is , as a matter of course , to confine the ...
... jury , it could require the prosecuting officer to elect on what count , or for what criminal transaction , he would proceed . In cases of felony the practice prevailing in most localities is , as a matter of course , to confine the ...
Other editions - View all
Common terms and phrases
action appear applied assignee authority bank bankrupt bankruptcy bill bond cause civil claim common law Congress constitution contract corporation court of equity creditors criminal debt debtor decisions declared deed deed of trust defendant discharge doctrine domicil duty enforce entitled equity evidence execution exemption existence fact federal court fraud give held homestead homestead exemption insanity interest Iowa issue judge judgment judicial July 28 jurisdiction jurisprudence jury justice Kirtland land legislation legislature liable lien matter ment mortgage nature negligence obligation opinion owner parties payment person petition plaintiff presumption principle proceedings promissory note purchase-money purchaser question railroad reason relation removal reports rule Stat statute statute of frauds suit Supreme Court surety tion trust U. S. Cir U. S. Dis United volume
Popular passages
Page 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...
Page 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.
Page 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.
Page 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.
Page 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.
Page 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.
Page 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...
Page 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.
Page 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.
Page 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.