The American Jurist, Volum 9Freeman & Bolles, 1833 |
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Side 5
... rule ; and when the rule is ascertained and fixed , it is very obvious that the convenience and security of those who are governed by it require that it should be reduced to writing and expressed in clear and explicit terms ; so that ...
... rule ; and when the rule is ascertained and fixed , it is very obvious that the convenience and security of those who are governed by it require that it should be reduced to writing and expressed in clear and explicit terms ; so that ...
Side 6
... rule of action . The magistrate , who administers the law , has nothing to do but to apply the rule to the act . If the result of the comparison is , that the act conforms to the rule , it is lawful ; if it does not , it is unlawful ...
... rule of action . The magistrate , who administers the law , has nothing to do but to apply the rule to the act . If the result of the comparison is , that the act conforms to the rule , it is lawful ; if it does not , it is unlawful ...
Side 7
... rule for all similar cases , unless the decision is flatly absurd and unjust . ' 1 Blackstone , 70. These reports constituting the only text of the law ; before a jurisconsult can be qualified to administer it as a magistrate , or to ...
... rule for all similar cases , unless the decision is flatly absurd and unjust . ' 1 Blackstone , 70. These reports constituting the only text of the law ; before a jurisconsult can be qualified to administer it as a magistrate , or to ...
Side 9
... rule is to be given for each particular case ; and it arises from con- founding the duties of judicial tribunals with those of the legis- lature ; from blending together two things , which , though they have a general analogy , are in ...
... rule is to be given for each particular case ; and it arises from con- founding the duties of judicial tribunals with those of the legis- lature ; from blending together two things , which , though they have a general analogy , are in ...
Side 10
... rule of law , which applies to the case , it must be dismissed without a decision . The English courts do not claim the direct authority of making the law . But the ancient customs are supposed to furnish a rule of decision for every ...
... rule of law , which applies to the case , it must be dismissed without a decision . The English courts do not claim the direct authority of making the law . But the ancient customs are supposed to furnish a rule of decision for every ...
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action administration adverse possession appear argument articles of confederation assignment assumpsit attachment attorney authority auxiliary end bill bond cause charge charter citizen claim colonies common law compact confederation congress consent constitution contempt contract conveyance court covenant creditors debt debtor declaration deed defendant doctrine entitled estoppel evidence execution executor exercise facts feme covert Greenleaf heirs held impeachment interest issue Judge Peck judgment judicial jury justice land Lawless legislation legislature liable lien marriage ment mortgage nature object offence opinion paid party payment Penn person plaintiff plea pleading possession principles proceedings promissory note proof prove punishment purchaser question recover respect rule scire facias seal sheriff statute statute of limitations suit surety tenant testator tion trial trial by jury trustee United Vermont Wend whole witness writ
Populære avsnitt
Side 270 - ... the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, perhaps our national existence. This important consideration, seriously and deeply impressed on our minds, led each state in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected...
Side 278 - As the ends of such a partnership cannot be obtained in many generations, it becomes a partnership not only between those who are living, but between those who are living, those who are dead, and those who are to be born.
Side 278 - It is a partnership in all science, a partnership in all art, a partnership in every virtue, and in all perfection.
Side 441 - ... to compel the discovery of any property or thing in action, belonging to the defendant, and of any property, money, or thing in action, due to him, or held in trust for him...
Side 278 - It is the first and supreme necessity only, a necessity that is not chosen but chooses, a necessity paramount to deliberation, that admits no discussion and demands no evidence, which alone can justify a resort to anarchy.
Side 274 - ... this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the constitution, the measure of its powers; but that as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.
Side 251 - Britain; and that the King's Majesty, by and with the advice and consent of the Lords spiritual and temporal and Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Side 340 - ... such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice...
Side 274 - That to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party : That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself...
Side 267 - ... be preserved entire without endangering the stability of the general confederacy ; to remind them how indispensably necessary it is to establish the Federal Union on a fixed and permanent basis, and on principles acceptable to all its respective members...