Harvard Law Review, Volum 9

Harvard Law Review Pub. Association, 1896
The Harvard Law Review is a student-run journal of legal scholarship. It is intended to be an effective research tool for practicing lawyers and students of the law. The Review publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts.

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Side 335 - all privileges and immunities of free citizens in the several States; and the people of each State shall have free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively.
Side 549 - XII. . . . And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers or the law of the land."
Side 304 - civil service shall be made according to fitness, which shall be determined so far as is practicable by competitive examination ; but veterans shall be entitled to preference without regard to their standing on any list from which such appointment may be made. Held, a statute providing that when a veteran is an applicant
Side 330 - We doubt very much whether any action of a State not directed by way of discrimination against the negroes as a class or on account of their race will ever be held to come within the purview of this provision. [The
Side 96 - the defendant would be responsible, as explained above, irrespective of negligence, if he intended the act of injury to result from the force he set in motion. 1 9 Ex. 341, 23 LJ Ex. 179. The court held in that case that the damages recoverable for breach of contract" should be such as may fairly and reasonably be considered either arising naturally,
Side 339 - Constitutional Limitations, 6th ed. (1890), pp. 429, 430. tain actions of any kind in the Courts of the State; to take, hold, and dispose of property, either real or personal; and an exemption from higher taxes or impositions than are paid by the other citizens of the State, — may be mentioned as some of the particular privileges and im
Side 359 - property without reward : neither can it do that which in law amounts to a taking of private property for public use, without just compensation or without due process of law." Judge Harlan and Judge Field dissented, as in Ruggles v. Illinois,
Side 440 - published his admirable little treatise on " The Effect of the Contract of Sale on the Legal Rights of Property and Possession in Goods, Wares, and Merchandize." This is almost a model text-book ; it has had a great influence in shaping the law, and it forms the basis of Benjamin's book, in those parts of the subject which it covers. Lord Blackburn said of
Side 22 - is mere verbiage. A party may damage the property of another where the law permits; and he may not where the law prohibits: so that the maxim can never be applied till the law is ascertained; and, when it is, the maxim is superfluous." * 1 6 HARVARD LAW REVIEW, 437.
Side 114 - sell my horse for money, I may keep him until I am paid, but I cannot have an action of debt until he be delivered, yet the property of the horse is by the bargain in the bargainee or buyer

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