Albany Law Journal, Volume 1Weed, Parsons & Company, 1870 - Law |
From inside the book
Results 1-5 of 82
Page 6
... rule is , as Lord HOLT says , in Cogg v . Bernard ( 1 Sm . Lead . Cas . ) , that men are obliged , when they in- trust their goods to carriers , to part with all control over them , and that , if carriers were not insurers , it would be ...
... rule is , as Lord HOLT says , in Cogg v . Bernard ( 1 Sm . Lead . Cas . ) , that men are obliged , when they in- trust their goods to carriers , to part with all control over them , and that , if carriers were not insurers , it would be ...
Page 7
... rule of the Alden case , but the principle was not involved , and the remarks of the learned judge are wholly obiter . That case was for an accident caused by a broken rail . It appeared that an express train had passed over the place ...
... rule of the Alden case , but the principle was not involved , and the remarks of the learned judge are wholly obiter . That case was for an accident caused by a broken rail . It appeared that an express train had passed over the place ...
Page 11
... rule to be changed , no per- son accused of crime could testify on his own behalf , because the theologians had taught that he must neces- sarily perjure himself , and now all the croaking against the present rule comes from dyspeptic ...
... rule to be changed , no per- son accused of crime could testify on his own behalf , because the theologians had taught that he must neces- sarily perjure himself , and now all the croaking against the present rule comes from dyspeptic ...
Page 18
... rules and proceedings in those courts are so unlike the ordi- nary rules and proceedings in a State court that a practitioner therein , unless he has had great experience , feels out of his element , and needs a manual of practice to ...
... rules and proceedings in those courts are so unlike the ordi- nary rules and proceedings in a State court that a practitioner therein , unless he has had great experience , feels out of his element , and needs a manual of practice to ...
Page 22
... rule not permitting an attorney to testify to communications made to him by his client , as such , does not extend so far as to pro- hibit the attorney from stating by whom he was employed ; neither does the rule prevent the attorney ...
... rule not permitting an attorney to testify to communications made to him by his client , as such , does not extend so far as to pro- hibit the attorney from stating by whom he was employed ; neither does the rule prevent the attorney ...
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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.