Albany Law Journal, Volume 1Weed, Parsons & Company, 1870 - Law |
From inside the book
Results 1-5 of 84
Page 20
... parties ? By this note it does not appear to whom the goods were sold . It would prove a sale to any other party as well as to the plaintiff ; there cannot be a contract without two parties . " - Daggett v . Keating et al . Not Reported ...
... parties ? By this note it does not appear to whom the goods were sold . It would prove a sale to any other party as well as to the plaintiff ; there cannot be a contract without two parties . " - Daggett v . Keating et al . Not Reported ...
Page 21
... party to show that the other party was non compos mentis at the time the con- tract was made . Argu . 1. Infants . - If an infant make a contract with one of full age , it may be enforced by the infant against the adult , though not by ...
... party to show that the other party was non compos mentis at the time the con- tract was made . Argu . 1. Infants . - If an infant make a contract with one of full age , it may be enforced by the infant against the adult , though not by ...
Page 23
... party . In such a case the party should move before the ter- mination of the trial for permission to introduce such evidence . Dodge v . N. Y. & Washington Steamship Co. , 6 Abb . , N. S. PARTNERSHIP . 1. Joint owners . - Where two ...
... party . In such a case the party should move before the ter- mination of the trial for permission to introduce such evidence . Dodge v . N. Y. & Washington Steamship Co. , 6 Abb . , N. S. PARTNERSHIP . 1. Joint owners . - Where two ...
Page 27
... party . " And a great one , as the world goes in Guildhall , " replies Pettifog , " for now our young clerks share with ' em , to help ' em to clients . " Of the two last coming clients he says : " My client that came in now sues his ...
... party . " And a great one , as the world goes in Guildhall , " replies Pettifog , " for now our young clerks share with ' em , to help ' em to clients . " Of the two last coming clients he says : " My client that came in now sues his ...
Page 29
... party in custody of the other , the other certainly has the corresponding right to receive the party into his custody ; and if the officer has no right to receive a prisoner from a private person who arrested him in an affray , such ...
... party in custody of the other , the other certainly has the corresponding right to receive the party into his custody ; and if the officer has no right to receive a prisoner from a private person who arrested him in an affray , such ...
Contents
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Common terms and phrases
action Albany alleged amended appointed arrest attorney Austin Abbott authority bench bill cause charge Circuit and Oyer claim client Code committed common law Congress Constitution contract counsel Court of Appeals court of equity creditor Daudin debt decision declared deed defendant district duty entitled equity evidence execution fact give held honor indorser injury insanity IRVING BROWNE issue John judge judgment judicial judiciary jury justice land lawyer legal tender legislation Legislature liable Lord Lord Mansfield ment Monday mortgage notice opinion Oyer and Terminer party payment person plaintiff plead possession practice prisoner privilege proceedings profession promissory note purchase question railroad reason received recover rendered rule Special Term statute statute of frauds suit Supreme Court testator thing tion trial trust verdict warrant wife witness writ York
Popular passages
Page 50 - I said, there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose, that white is black, and black is white, according as they are paid.
Page 326 - ... 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.
Page 346 - 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.
Page 133 - Congress a power to lay and collect taxes, duties, imposts, and excises ; to pay the debts, and provide for the common defence, and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States...
Page 73 - 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 53 - Be not too tame neither, but let your own discretion be your tutor: suit the action to the word, the word to the action; with this special observance, that you o'erstep not the modesty of nature : for any thing so overdone is from the purpose of playing, whose end, both at the first and now, was and is, to hold, as 'twere, the mirror up to nature; to show virtue her own feature, scorn her own image, and the very age and body of the time his form and pressure.
Page 21 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Page 120 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 327 - Say not thou, What is the cause that the former days were better than these? for thou dost not inquire wisely concerning this.
Page 324 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.