The Southern Law Review, Volume 3Soule, Thomas & Wentworth, 1877 - Law |
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Page 4
... hostile tribunals . The Supreme Court of the United States , however , occupying a higher vantage ground , and having a wider sweep of vision , have had a keener insight of the fitness of things , and have never 4 REMOVAL OF CAUSES .
... hostile tribunals . The Supreme Court of the United States , however , occupying a higher vantage ground , and having a wider sweep of vision , have had a keener insight of the fitness of things , and have never 4 REMOVAL OF CAUSES .
Page 5
insight of the fitness of things , and have never failed in that lofty courtesy which honors him that gives and him that takes . We cannot err if we follow the decisions of that august tribunal , and , in the absence of positive rulings ...
insight of the fitness of things , and have never failed in that lofty courtesy which honors him that gives and him that takes . We cannot err if we follow the decisions of that august tribunal , and , in the absence of positive rulings ...
Page 18
... things are true and right , and that they shall therefore be done , whatever may be the existing conditions of society and government to which they are to be applied , is the simple deduction of shallow and lazy thinkers . But to ...
... things are true and right , and that they shall therefore be done , whatever may be the existing conditions of society and government to which they are to be applied , is the simple deduction of shallow and lazy thinkers . But to ...
Page 19
and legist has said with sententious wisdom that " many things which are true in the abstract are not true in the con- crete . " The founders of our institutions understood the full truth of this apothegm , and they acted upon it in ...
and legist has said with sententious wisdom that " many things which are true in the abstract are not true in the con- crete . " The founders of our institutions understood the full truth of this apothegm , and they acted upon it in ...
Page 22
... things , but be affected by the sources of its inspiration . But it is to the judicial departments of our early govern- ments , both federal and state , that we must look for the clear- est revelation of the purpose of the fathers to ...
... things , but be affected by the sources of its inspiration . But it is to the judicial departments of our early govern- ments , both federal and state , that we must look for the clear- est revelation of the purpose of the fathers to ...
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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.