The Medical Jurisprudence of Insanity: With References to the Scotch and American DecisionsS. Whitney & Company, 1880 - 713 sider |
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Side 43
... testator was mad , and therefore unable to make a will . A man with property is profuse in his expenditure , and those who would profit if he was a miser , maintain that he is insane , and therefore unable to manage his affairs , and ...
... testator was mad , and therefore unable to make a will . A man with property is profuse in his expenditure , and those who would profit if he was a miser , maintain that he is insane , and therefore unable to manage his affairs , and ...
Side 77
... testator know what he was about , and had he power to will this disposition ? The ques- tions of fact which are associated under the phrase , “ know what he was about , " are in these two cases very widely dif- ferent . In the one , the ...
... testator know what he was about , and had he power to will this disposition ? The ques- tions of fact which are associated under the phrase , “ know what he was about , " are in these two cases very widely dif- ferent . In the one , the ...
Side 79
... testator had enough of sense to know what he was doing , and enough will to give effect to his wishes in relation to the things that belonged to him . Now this is , as we have seen , the rule that has been laid down in relation to the ...
... testator had enough of sense to know what he was doing , and enough will to give effect to his wishes in relation to the things that belonged to him . Now this is , as we have seen , the rule that has been laid down in relation to the ...
Side 81
... testator's rational and personal will should be given effect to as his testament . 24. Testamentary Capacity in relation to Delusions .-- But there are , as we have already seen , a class of insane per- sons who although they are not ...
... testator's rational and personal will should be given effect to as his testament . 24. Testamentary Capacity in relation to Delusions .-- But there are , as we have already seen , a class of insane per- sons who although they are not ...
Side 84
... testator , it matters not that the disease be discoverable only when the mind is addressed to a certain subject to the exclusion of all others , the testa- tor must be pronounced incapable . Further , that the same result follows though ...
... testator , it matters not that the disease be discoverable only when the mind is addressed to a certain subject to the exclusion of all others , the testa- tor must be pronounced incapable . Further , that the same result follows though ...
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Vanlige uttrykk og setninger
affected ascer asylum believe brain capacity causes of insanity circumstances classification commission committed condition conduct connection considered contract Court Court of Equity crime criminal acts defect delirium delirium tremens delusion dementia deprive dipsomania drunkenness epilepsy epileptic erotomania evidence existence fact faculties ground habit Hagg idiocy idiot imbecility impulse incapable individual influence insane person intellectual irresponsible Judges jury kleptomania knowledge laboring Lord Lord Advocate Lord Eldon Lord Portsmouth lucid interval lunacy lunatic mania manifested means melancholia memory mental disease mental unsoundness monomania morbid motives murder nature non compos mentis object observation opinion ordinary party patient presumption principle proof proved punishment pyromania question rational reason regard relation responsibility rule sane sanity seems sense somnambulism suicide symptoms testamentary testamentary capacity testator thing thought tion true understand unsound mind unsoundness of mind volition weakness witness words
Populære avsnitt
Side 76 - ... 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 labouring 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.
Side 300 - 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.
Side 89 - In considering this very interesting question we immediately ask ourselves, what is a contract? Is a grant a contract? A contract is a compact between two or more parties, and is either executory or executed. An executory contract is one in which a party binds himself to do or not to do a particular thing; such was the law under which the conveyance was made by the governor.
Side 239 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Side 203 - Go — you may call it madness, folly ; You shall not chase my gloom away. There's such a charm in melancholy, I would not, if I could, be gay. Oh, if you knew the pensive pleasure That fills my bosom when I sigh, You would not rob me of a treasure Monarchs are too poor to buy ! S.
Side 50 - ... 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...
Side 160 - Actions are, by their very nature, temporary and perishing ; and where they proceed not from some cause in the character and disposition of the person who performed them, they can neither redound to his honour, if good ; nor infamy, if evil.
Side 49 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some supposed public benefit?" In answer to which question, assuming...
Side 47 - Delusion, therefore, where there IS no frenzy or raving madness, is the true character of insanity ; and where it cannot be predicated of a man standing for life or death for a crime, he ought not, in my opinion, to be acquitted...
Side 46 - ... it is not every kind of frantic humor or something unaccountable in a man's actions, that points him out to be such a madman rs is to be exempted from punishment ; it must be a man that is totally deprived of his understanding and memory, and doth not know what he is doing, no more than an infant, than a brute, or a wild beast...