Cambridge Legal Essays: Written in Honour of and Presented to Doctor Bond, Professor Buckland, and Professor KennySir Percy Henry Winfield, Arnold Duncan McNair Baron McNair |
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Page 12
... sense in which the word is usually misunderstood , makes so notable a departure from the ordinary methods of text - books previously published as to be indispensable to any serious student of the subject . During a part of the world war ...
... sense in which the word is usually misunderstood , makes so notable a departure from the ordinary methods of text - books previously published as to be indispensable to any serious student of the subject . During a part of the world war ...
Page 41
... sense : jurisdiction to render a judgment such as will be recognised by other states as binding . Second , there is jurisdiction in the internal sense : the power to render a judgment which can be enforced within the state , though it ...
... sense : jurisdiction to render a judgment such as will be recognised by other states as binding . Second , there is jurisdiction in the internal sense : the power to render a judgment which can be enforced within the state , though it ...
Page 42
... sense , and yet France refuses to recognise the judgment , it cannot be necessary , that every state on earth should recognise the validity of the action in order to have jurisdiction in the international sense . One must admit that our ...
... sense , and yet France refuses to recognise the judgment , it cannot be necessary , that every state on earth should recognise the validity of the action in order to have jurisdiction in the international sense . One must admit that our ...
Page 43
... sense is the power of rendering a judg- ment such as will be recognised in states which have adopted the common law as the basis of their juris- diction . The rules for determining jurisdiction are rules of common law origin . Yet they ...
... sense is the power of rendering a judg- ment such as will be recognised in states which have adopted the common law as the basis of their juris- diction . The rules for determining jurisdiction are rules of common law origin . Yet they ...
Page 44
... sense . The Common Law Pro- cedure Act , 1852 , ( 15 & 16 Vict . c . 76 ) , in section 19 provided for bringing action against a non - resident foreigner by service of summons outside the “ juris- diction " of the court . This not only ...
... sense . The Common Law Pro- cedure Act , 1852 , ( 15 & 16 Vict . c . 76 ) , in section 19 provided for bringing action against a non - resident foreigner by service of summons outside the “ juris- diction " of the court . This not only ...
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Common terms and phrases
appears applied authority Bartolists bishop breach Cambridge Canon laws canonists cause of action Chancery Church cited claim College Common Bench common law compensation consequences contract conveyancing Court Court of Chancery court of equity damages decision defendant doctrine duty ecclesiastical England English Law estates Europe evidence existence fact foreign Francis fraud German Gierke Grotius Grounds and Rudiments held Hittite idea influence interests International Law judges judgment jurisdiction Jurisprudence Justice Justinian land law of nature lawyers legal growth legal humanists liability Lord maxims of equity medieval ment middle age modern national jurists native laws negligence notaries original Parliament penalties person plaintiff Polemis practice Principles of Equity private law Professor question reason Reception recognised reference regnal Renaissance result Roman and Canon Roman Law Romanists rule scriveners seems Serjeants settlement sixteenth century statute texts to-day tort XII Tables
Popular passages
Page 216 - If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double.
Page 235 - So great moreover is the regard of the law for private property, that it will not authorize the least violation of it ; no, not even for the general good of the whole community.
Page 48 - ... (b) Any act, deed, will, contract, obligation, or liability affecting land or hereditaments situate within the jurisdiction, is sought to be construed, rectified, set aside, or enforced in the action; or (c) Any relief is sought against any person domiciled or ordinarily resident within the jurisdiction...
Page 118 - There is no absolute or intrinsic negligence, it is always relative to some circumstances of time, place, or person.
Page 174 - For I saw prevailing throughout the Christian world a license in making war of which even barbarous nations would have been ashamed, recourse being had to arms for slight reasons or no reason; and, when arms were once taken up, all reverence for divine and human law was thrown away, just as if men were thenceforth authorized to commit all crimes without restraint.
Page 134 - All that can be said with any degree of certainty is that the...
Page 298 - I mean those cases where a person within whose special province it lay to know a particular fact, has given an erroneous answer to an inquiry made with regard to it by a person desirous of ascertaining the fact for the purpose of determining his course accordingly, and has been held bound to make good the assurance he has given.
Page 82 - I did not know a great deal that she has not the least notion of yet. How long ago it is, aunt, since we used to repeat the chronological order of the kings of England, with the dates of their accession, and most of the principal events of their reigns ! " "Yes," added the other; "and of the Roman emperors as low as Severus; besides a great deal of the heathen mythology, and all the metals, semi-metals, planets, and distinguished philosophers.
Page 263 - If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it, and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy; for want of right and want of remedy are reciprocal.
Page 204 - If a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep.