Albany Law Journal, Volume 1Weed, Parsons & Company, 1870 - Law |
From inside the book
Results 1-5 of 82
Page 14
... tion of the proposed Constitution provided , that the Constitution should be in force from and including the 1st day of January next after its adoption by the people . When the legislature made provision for sub- mitting the Judiciary ...
... tion of the proposed Constitution provided , that the Constitution should be in force from and including the 1st day of January next after its adoption by the people . When the legislature made provision for sub- mitting the Judiciary ...
Page 20
... tion also arose as to whether a judgment convicting the accused of murder in the second degree under a com- mon law indictment for murder was erroneous . Fol- lowing its decision in the Keith case , decided at the June term , the court ...
... tion also arose as to whether a judgment convicting the accused of murder in the second degree under a com- mon law indictment for murder was erroneous . Fol- lowing its decision in the Keith case , decided at the June term , the court ...
Page 23
... tion for the fraud , which is essentially different and involves moral turpitude , is limited to the partner committing the same , unless the others assented to the fraud or ratified it by adopting " the act of the fraudulent partner ...
... tion for the fraud , which is essentially different and involves moral turpitude , is limited to the partner committing the same , unless the others assented to the fraud or ratified it by adopting " the act of the fraudulent partner ...
Page 28
... tion of the United States provides , that " the right of the people to be secure in their persons , houses , papers , and effects , against unreasonable searches and seizures , shall not be violated ; and no warrants shall issue but ...
... tion of the United States provides , that " the right of the people to be secure in their persons , houses , papers , and effects , against unreasonable searches and seizures , shall not be violated ; and no warrants shall issue but ...
Page 32
... tion can be made by the advocate than the works of Edmund Burke . " Among the characteristics of Lord Erskine's eloquence , " observes one of his recent bio- graphers , " the perpetual illustrations derived from the writings of Burke is ...
... tion can be made by the advocate than the works of Edmund Burke . " Among the characteristics of Lord Erskine's eloquence , " observes one of his recent bio- graphers , " the perpetual illustrations derived from the writings of Burke is ...
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.