An Essay on the Life, Character and Writings of John B. Gibson, LL. D.: Lately Chief Justice of the Supreme Court of PennsylvaniaT. & J. W. Johnson, 1855 - 140 sider |
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An Essay on the Life, Character and Writings of John B. Gibson, LL. D ... William Augustus Porter Ingen forhåndsvisning tilgjengelig - 2016 |
Vanlige uttrykk og setninger
adopted afterwards American Notes appointment Barr beautiful bench Carlisle cause certainly character Chief Justice church civil clients common law common recoveries Commonwealth Constitution Court of Equity decision Dickinson College doctrine duty effect effort eminent English ENGLISH COMMON LAW equity ESSAY excellent executive exercise exist express fact frequently George Gibson ground Hagerstown HENRY WHARTON impeachment important instance intellect joint tenancy Judge Gibson judgment judicial judiciary jurisprudence jury labor law of Pennsylvania lawyer legislative legislature less Lord means ment mind nature never Nisi Prius observe occasion party perpetual Philadelphia pleadings political possession practice present principles probably profession professional Rawle reader real estate reason REPORTS require respect riots rule seems sentiment settlement sion sometimes style suppose Supreme Court sylvania taste term things thought tion trial truth vols WHARTON words writings wrote
Populære avsnitt
Side 38 - No person shall be convicted, without the concurrence of two-thirds of the members present. 3. The Governor, and all other civil officers under this commonwealth, shall be liable to impeachment for any misdemeanor in office ; but judgment, in such cases, shall not extend further than...
Side 104 - From its very position, it is apparent that the conservative power is lodged with the judiciary, which, in the exercise of its undoubted right, is bound to meet every emergency; else causes would be decided not only by the legislature, but, sometimes, without hearing or evidence.
Side 79 - On the other hand, to declare them irresponsible to any power but public opinion and their consciences, would be incompatible with free government. Individuals of the class may and sometimes do, forfeit their professional franchise by abusing it; and a power to exact the forfeiture must be lodged somewhere. Such a power is indispensable to protect the court, the administration of justice, and themselves.
Side 71 - It is one of the noblest properties of this common law, that instead of moulding the habits, the manners, and the transactions of mankind to inflexible rules, it adapts itself to the business and circumstances of the times, and keeps pace with the improvements of the age.
Side 78 - ... the office of attorney, for to subject the members of the profession to removal at the pleasure of the court, would leave them too small a share of the independence necessary to the duties they are called to perform to their clients, and to the public. As a class, they are supposed to be, and in fact have always been, the vindicators of individual rights, and the fearless asserters of the principles of civil liberty, existing where alone they can. exist, in a government, not of parlies or men,...
Side 95 - It was the indestructibility, not only of springing and shifting uses and of executory devises, but also of future trusts, which forced upon the judges the rule against perpetuities in order to set bounds to the remoteness of not only legal but equitable limitations, and it acts upon perpetuities whenever they appear, except in conveyances in mortmain, or to charitable uses.
Side 103 - ... co-ordinate. Each derives its authority, mediately or immediately, from the people; and each is responsible, mediately or immediately, to the people for the exercise of it. When either shall have usurped the powers of one or both of its fellows, then will have been effected a revolution, not in the form of the government, but in its action. Then will there be a concentration of the powers of the government in a single branch of it, which, whatever may be the form of the constitution, will be...
Side 103 - The functions of the several parts of the government are thoroughly separated, and distinctly assigned to the principal branches of it — the legislative, the executive, and the judiciary — which, within their respective departments are equal and coordinate. Each derives its authority, mediately, or immediately from the people ; and each is responsible, mediately or immediately to the people for the exercise of it. When either shall have usurped the powers of one or both of its fellows, then will...
Side 66 - This exposure of those who from the defenceless state in which even the common law has placed them, are least able to protect themselves, is extenuated by no motive of policy and is by no means creditable to our jurisprudence.
Side 78 - ... principle has not been applied to offices within the grant of the executive, it must necessarily be applied to the office of attorney. For, to subject the members of the profession to removal at the pleasure of the court, would leave them too small a share of the independence necessary to the duties they are called upon Argument for the attorney. to perform to their clients and to the public.