Columbia Law Times: A Monthly Review Devoted to Law and Political Science, Volume 2Dennis, 1889 - Law reviews |
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Page 10
... authority ; the second is by a voluntary ratification of the act . These two methods , although frequently confounded , must be kept distinct , ( 1 ) each containing certain elements not necessarily present in the other ; and it is the ...
... authority ; the second is by a voluntary ratification of the act . These two methods , although frequently confounded , must be kept distinct , ( 1 ) each containing certain elements not necessarily present in the other ; and it is the ...
Page 11
... authority , should wrongfully seize C's goods in B's name , and B , with knowledge , should receive the property into his possession . The latter would be liable , not only as having rati- fied the original act , but for an indepen ...
... authority , should wrongfully seize C's goods in B's name , and B , with knowledge , should receive the property into his possession . The latter would be liable , not only as having rati- fied the original act , but for an indepen ...
Page 13
... authority is that and marine insurance ; and as to torts , where a ratification might defeat an action against the tort - feasor ; but as to ordinary torts and contracts , where no existing rights could be impaired , it is not per ...
... authority is that and marine insurance ; and as to torts , where a ratification might defeat an action against the tort - feasor ; but as to ordinary torts and contracts , where no existing rights could be impaired , it is not per ...
Page 14
... authority to do the act , it follows that if it be not made while the one ratifying has power to grant such authority , it is of no force . ( 5 ) Thus if the principal had been judicially de- clared insane , or at common law had be ...
... authority to do the act , it follows that if it be not made while the one ratifying has power to grant such authority , it is of no force . ( 5 ) Thus if the principal had been judicially de- clared insane , or at common law had be ...
Page 15
... authorities who concur in affirm- ing the necessity of full knowledge on the part of all sought to be bound by a ... authority could only be conferred in a particular mode , the ratification must be in the same manner . Hence an unau ...
... authorities who concur in affirm- ing the necessity of full knowledge on the part of all sought to be bound by a ... authority could only be conferred in a particular mode , the ratification must be in the same manner . Hence an unau ...
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Popular passages
Page 63 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the state from which they are taken.* 906.
Page 249 - Representatives and direct taxes shall be apportioned among the several states which may be included within the union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for" a term of years, and excluding Indians not taxed, three-fifths of all other persons.
Page 202 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 243 - ... and a copy of the complaint, or a notice stating the sum of money for which judgment will be taken, was served with the summons ; or where the defendant has appeared, but has made default in pleading, the plaintiff may take judgment by default, as follows : 1. If the defendant has made default in appearing, the plaintiff must file proof of the service of the summons, and of...
Page 133 - YOUR LORDSHIP MAY PROCEED IN WHAT MANNER YOU THINK FIT ; I KNOW MY DUTY AS WELL AS YOUR LORDSHIP KNOWS YOURS. I SHALL NOT ALTER MY CONDUCT.
Page 251 - Congress be authorized to make such requisitions in proportion to the whole number of white and other free citizens and inhabitants of every age, sex, and condition including those bound to servitude for a term of years and three-fifths of all other persons not comprehended in the foregoing description...
Page 131 - Up to the face the quick sensation flies, And darts its meaning from the speaking eyes ; Love, transport, madness anger, scorn, despair, And all the passions, all the soul is there.
Page 241 - The relief granted to the plaintiff, if there be no answer, cannot exceed that which he shall have demanded in his complaint; but in any other case, the court may grant him any relief consistent with the case made by the complaint and embraced within the issue.
Page 42 - In the next place, as to the liability of public agents for torts or wrongs done in the course of their agency, it is plain that the government itself is not responsible for the misfeasances, or wrongs, or negligences, or omissions of duty of the subordinate officers or agents employed in the public service ; for it does not undertake to guarantee to any...
Page 200 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested In them by the constitution, may think necessary and expedient.