The Elements of Jurisprudence

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Clarendon Press, 1886 - Electronic books - 372 pages

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Page 254 - ... charge only) of any debt or other legal chose in action of which express notice in writing shall have been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be, and be deemed to have been effectual in law [subject to all equities which would have been entitled to priority over the right of the assignee if this Act had not passed...
Page 286 - ... for the protection and security of her own separate property, as if such property belonged to her as a feme sole, but, except as aforesaid, no husband or wife shall be entitled to sue the other for a tort.
Page 61 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 55 - ... sworn to determine, not according to his own private judgment, but according to the known laws and customs of the land; not delegated to pronounce a new law, but to maintain and expound the old one.
Page 74 - No contract for the sale of any goods, wares and merchandises, for the price of 10 sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same...
Page 174 - That, at the determination of the period limited by this act to any person for making an entry or distress, or bringing any writ of quare impedit, or other action or suit, the right and title of such person to the land, rent, or advowson, for the recovery whereof such entry, distress, action, or suit respectively, might have been made or brought within such period, shall be extinguished.
Page 62 - The doctrines of this court ought to be as well settled, and made as uniform almost as those of the common law, laying down fixed principles, but taking care that they are to be applied according to the circumstances of each case.
Page 66 - Adam's children, being not presently as soon as born under this law of reason, were not presently free; for law, in its true notion, is not so much the limitation as the direction of a free and intelligent agent to his proper interest, and prescribes no further than is for the general good of those under that law.
Page 34 - Commentaries remarks, that this law of Nature being coeval with mankind, and dictated by God himself, is of course superior in obligation to any other. It is binding over all the globe, in all countries and at all times; no human laws are of any validity if contrary to this, and such of them as are valid, derive all their force, and all their validity, and all their authority, mediately and immediately, from this original...
Page 19 - Wherefore, that here we may briefly end, of Law there can be no less acknowledged than that her seat is the bosom of God, her voice the harmony of the world; all things in heaven• and earth do her homage, the very least as feeling her care, and the greatest as not exempted from her power...

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