Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Volume 18
David Thomas Marvel, John W. Houston, James Pennewill, Samuel Maxwell Harrington, William Henry Boyce, William Watson Harrington, William J. Storey, Charles L. Terry
Mercantile Print. Company, 1901 - Law reports, digests, etc
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action aforesaid agent alleged allowed amended amount appear application argument attachment Attorney-General authority bail bill bond cars Castle cause character charged charter circumstances claim common Company condition consideration considered Constitution construction contract corporation counsel County criminal damages defective defendant Delaware demurrer doubt Dover duty effect entitled error evidence execution exercise existence fact filed further give given granted ground guilty held hold indictment injury intent issue John Judge judgment jurisdiction jury Justice land Legislature liability LORE matter meaning necessary negligence notice objection offense officers OPINION OF COURT owner party passed person plaintiff plea possession premises present proceedings proved question Railway reason received record recover relation replevin respect rule servant statute streets sufficient suit Superior Court taken Term testimony thereof tion verdict Wilmington witness writ
Page 353 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes until the contrary be proved to their satisfaction ; and that to establish a defence on the ground of insanity, it must be clearly proved that at the time of...
Page 91 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not, therefore, to be considered the law of the land.
Page 46 - ... would tend in many instances to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 110 - Gray, 84, is applicable, that if the different parts "are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.
Page 116 - ... by virtue of such employment, receive or take into his possession any chattel, money, or valuable security for or in the name or on the account of his master...
Page 110 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
Page 85 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 508 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 222 - TERM, may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.
Page 90 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.