The Reported Opinions of the Hon. James McSherry: With a Biographical Sketch |
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The Reported Opinions of the Hon. James McSherry: With a Biographical Sketch James Mcsherry,Nicholas Charles Burke No preview available - 2018 |
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action administration alleged answer appeal applied appointment assessment authority Baltimore City Balto Bank bill breach carrier cause circumstances claims clause Code Commissioners common law consignee Constitution contingency contract corporation County Court of Equity creditors damages daughter death debts declared decree deed defendant descendants doctrine duty easement election entitled evidence execution exercise facts filed franchise fraud fund George Brown granted Greenway Hambleton Harford County held holder injury intention intestacy issue Jacob Myers James McSherry Judge McSherry judgment jurisdiction jury justice land Legislature liability limitations Maryland matter negligence notice oath Orphans owner paid parties payment plaintiff principle provision purchaser question real estate reason remainder res adjudicata rule rule against perpetuities Safe Deposit servant share statute subscription sufficient suit supra surety tion trust ultra vires unless valid vested void whilst Whitridge witness
Popular passages
Page 380 - The law charges this person, thus intrusted to carry goods, against all events but acts of God, and of the enemies of the king. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable. And this is a politic establishment, contrived by the policy of the law for the safety of all persons, the necessity of whose affairs oblige them to trust these sorts of persons, that they may be safe in their ways of dealing...
Page 379 - I, for one, protest, as my lord has done, against arguing too strongly upon public policy ;—it is a very unruly horse, and when once you get astride it you never know where it will carry you. It may lead you from the sound law. It is never argued at all but when other points fail.
Page 97 - Though it be a doctrine of modern date, we think it now well established that the capital stock of a corporation, especially its unpaid subscriptions, is a trust fund for the benefit of the general creditors of the corporation.
Page 125 - If the complainant, in his bill, shall waive an answer under oath, or shall only require an answer under oath with regard to certain specified interrogatories, the answer of the defendant, though under oath, except such part thereof as shall be directly responsive to such Interrogatories, shall not be evidence In his favor...
Page 314 - Fourthly, where a manufacturer or a dealer contracts to supply an article which he manufactures or produces, or in which he deals, to be applied to a particular purpose, so that the buyer necessarily trusts to the judgment or skill of the manufacturer or dealer, there is in that case an implied term or warranty that it shall be reasonably fit for the purpose to which it is to be applied.
Page 96 - ... if the thing complained of is a thing which in substance the majority of the company are entitled to do, or if something has been done irregularly which the majority of the company are entitled to do regularly, or if something has been done Illegally which the majority of the company are entitled to do legally, there can be no use in having litigation about it, the ultimate end of which is only that a meeting has to be called and then ultimately the majority gets its wishes.
Page 59 - The rule of law upon this subject appears to be, that except where the constitution has imposed limits upon the legislative power, it must be considered as practically absolute, whether it operate according to natural justice or not in any particular case.
Page 72 - It is a rule founded on the first principles of natural justice older than written constitutions, that a citizen shall not be deprived of his life, liberty or property without an opportunity to be heard in defense of his rights, and the constitutional provision that no person shall be deprived of these "without due process of law" has its foundation in this rule.
Page 65 - All elections shall be by ballot; and every* male citizen of the United States, of the age of twenty-one years, or upwards, who has been a resident of the State for one year, and of the Legislative District of Baltimore City, or of the county, in which he may offer to vote, for six months next preceding the election, shall be entitled to vote, in the ward or election district, in which he resides, at all elections hereafter to be held in this State...
Page 58 - ... the seller or donor, to or for such support, use or benefit; and, also, every devise of goods or chattels, to or for the support, use or benefit of any minister, public teacher or preacher of the gospel, as such; or any religious sect, order or denomination, without the...