The Southern Law Review, Volume 3Soule, Thomas & Wentworth, 1877 - Law |
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Results 1-5 of 82
Page 3
... Judge Dillon in the July number , 1876 , of this REVIEW , on the Removal of Causes from the State Courts to the ... Judge Dillon thinks it doubtful , especially under the act of 1875 , whether it belongs to the state court to judge of ...
... Judge Dillon in the July number , 1876 , of this REVIEW , on the Removal of Causes from the State Courts to the ... Judge Dillon thinks it doubtful , especially under the act of 1875 , whether it belongs to the state court to judge of ...
Page 4
... judges of the United States have almost invariably assumed the truth of the maxim , that it is the duty of a good judge to enlarge his jurisdiction . We have had evidences of this fact , not only in the con- struction put by them on the ...
... judges of the United States have almost invariably assumed the truth of the maxim , that it is the duty of a good judge to enlarge his jurisdiction . We have had evidences of this fact , not only in the con- struction put by them on the ...
Page 17
... judge , put in that luminous and incisive style so characteristic of his opinions . And , he may add , it is refreshing to find a United States judge who can see that an act of Congress is unconstitutional , and plumply say so ...
... judge , put in that luminous and incisive style so characteristic of his opinions . And , he may add , it is refreshing to find a United States judge who can see that an act of Congress is unconstitutional , and plumply say so ...
Page 23
THE ELECTION OF JUDGES . 23 the judges of the land elective by the people . They would not consent even to allow the ... judge except by impeachment . They forbade any reduction of the salary of a judge during the time of his continuance ...
THE ELECTION OF JUDGES . 23 the judges of the land elective by the people . They would not consent even to allow the ... judge except by impeachment . They forbade any reduction of the salary of a judge during the time of his continuance ...
Page 24
... judges were made partially inde- pendent . Their commissions were made to run during good behavior , but it was held that the demise of the crown immedi- ately vacated their seats . To remedy this construction of the statute of 13 ...
... judges were made partially inde- pendent . Their commissions were made to run during good behavior , but it was held that the demise of the crown immedi- ately vacated their seats . To remedy this construction of the statute of 13 ...
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Popular passages
Page 431 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 306 - ... 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 325 - 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 the 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 350 - ... the faith of the United States is solemnly pledged to the payment in coin or its equivalent of all the obligations of the United States...
Page 201 - An Act for the further security of His Majesty's person and Government, and the succession of the Crown in the Heirs of the late Princess Sophia, being Protestants, and for extinguishing the hopes of the pretended Prince of Wales, and his open and secret abettors...
Page 637 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 6 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Page 12 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Page 972 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 130 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.