Albany Law Journal, Volume 1Weed, Parsons & Company, 1870 - Law |
From inside the book
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Page 1
... AND THE LAWYERS . VOL . I. QUER COUNT LAN LIBRARY FROM JANUARY TO JULY , 1870 . ALBANY : WEED , PARSONS & COMPANY . 1870 . BODLEIAN 6 SEP 1965 LIBRARY Entered according to act of THE ALBANY LAW JOURNAL . FROM JANUARY TO JULY, 1870. ...
... AND THE LAWYERS . VOL . I. QUER COUNT LAN LIBRARY FROM JANUARY TO JULY , 1870 . ALBANY : WEED , PARSONS & COMPANY . 1870 . BODLEIAN 6 SEP 1965 LIBRARY Entered according to act of THE ALBANY LAW JOURNAL . FROM JANUARY TO JULY, 1870. ...
Page 2
BODLEIAN 6 SEP 1965 LIBRARY Entered according to act of Congress , in the year eighteen hundred and seventy , BY WEED , PARSONS & CO . , in the Clerk's office of the District Court of the United States for the Northern District of New ...
BODLEIAN 6 SEP 1965 LIBRARY Entered according to act of Congress , in the year eighteen hundred and seventy , BY WEED , PARSONS & CO . , in the Clerk's office of the District Court of the United States for the Northern District of New ...
Page 4
... entered on that severe course of rhe- torical training , which he often referred to in after life as forming so large a part of his early discipline . He took up the practice of writing out translations from the ancient orators and ...
... entered on that severe course of rhe- torical training , which he often referred to in after life as forming so large a part of his early discipline . He took up the practice of writing out translations from the ancient orators and ...
Page 15
... entered Kenyon college , but , in the course of a few months , was compelled to give up his collegiate studies , on account of the failing cir- cumstances of his father . He then became a clerk in a bookstore at Columbus , Ohio . During ...
... entered Kenyon college , but , in the course of a few months , was compelled to give up his collegiate studies , on account of the failing cir- cumstances of his father . He then became a clerk in a bookstore at Columbus , Ohio . During ...
Page 20
... entered under this decision , and defendants now moved to dismiss the appeal , on the ground that the code did not provide for the case of awards , and that writ of error , and not appeal , was the plaintiff's true remedy . Plaintiff ...
... entered under this decision , and defendants now moved to dismiss the appeal , on the ground that the code did not provide for the case of awards , and that writ of error , and not appeal , was the plaintiff's true remedy . Plaintiff ...
Contents
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Common terms and phrases
action Albany alleged amended appointed arrest attorney 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 held honor husband indorser injury insanity IRVING BROWNE John judge judgment judicial judiciary jury justice land lawyer legal tender legislation Legislature liable Lord Lord Mansfield marriage 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 reference rendered rule Senate Special Term statute statute of frauds suit Supreme Court testator thing tion trial trust verdict warrant wife witness writ York
Popular passages
Page 73 - This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. 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 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 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 108 - Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consistent with the letter and spirit of the Constitution, are constitutional.
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 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 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...
Page 165 - 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...
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 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.