Commentaries on American Law, Volum 2 |
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Side vii
Gifts causa mortis, 444 Lcct»m XXXIX— Of Contract; 449 1. Of the parties thereto,
. Id. 2. Of the lex loci, 453 And herein, (1.) The nature and importance of the
doctrine, 453 — 457 (2.) The application to contracts, . . 457 — 462 (3.) ...
Gifts causa mortis, 444 Lcct»m XXXIX— Of Contract; 449 1. Of the parties thereto,
. Id. 2. Of the lex loci, 453 And herein, (1.) The nature and importance of the
doctrine, 453 — 457 (2.) The application to contracts, . . 457 — 462 (3.) ...
Side 76
for the exercise of equity powers, whatever jurisdiction is exercised over the
matrimonial contract, must be in the common law courts. A marriage procured by
force or fraud, is also void, ab initio, and may be treated as null by every court in ...
for the exercise of equity powers, whatever jurisdiction is exercised over the
matrimonial contract, must be in the common law courts. A marriage procured by
force or fraud, is also void, ab initio, and may be treated as null by every court in ...
Side 77
the contract void, as if one person be substituted for another. This, however,
would be a case of palpable fraud, going to the substance of the contract; and it
would be difficult to state a case in which error simply, and without any other ...
the contract void, as if one person be substituted for another. This, however,
would be a case of palpable fraud, going to the substance of the contract; and it
would be difficult to state a case in which error simply, and without any other ...
Side 78
Though this be the rule of the English law, the civilians and canonists are not
agreed upon the question ; and Swinburne was of opinion that the contract in that
case was not binding upon the one party more than upon the other. ° The age of
...
Though this be the rule of the English law, the civilians and canonists are not
agreed upon the question ; and Swinburne was of opinion that the contract in that
case was not binding upon the one party more than upon the other. ° The age of
...
Side 86
*87 The Roman lawyers *strongly inculcated the doctrine, that the very
foundation and essence of the contract consisted in consent freely given, by
parties competent to contract. Nihil proderit signasse tabu- las, si mentem
matrimonii non ...
*87 The Roman lawyers *strongly inculcated the doctrine, that the very
foundation and essence of the contract consisted in consent freely given, by
parties competent to contract. Nihil proderit signasse tabu- las, si mentem
matrimonii non ...
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COMMENTARIES ON AMER LAW, Volum 3 James 1763-1847 Kent,William M. Lacy Ingen forhåndsvisning tilgjengelig - 2016 |
Vanlige uttrykk og setninger
action administration alien apply assignment authority Bailment Bank Barnw bill bound Carolina charter chattels choses in action civil law Code common law common schools Conflict of Laws consent constitution contract corporation court of chancery court of equity coverture creditors debtor debts decision declared decree deed delivery divorce doctrine domicil East's Rep edit England English law entitled execution executor father feme foreign fraud fraudulent grant guardian held Ibid infant insolvent Johns judgment jurisdiction jury justice land legislature liable Litt Lord Lord Eldon Louisiana marriage Massachusetts ment N. H. Rep New-Jersey New-York Ohio opinion owner party patent payment personal estate personal property possession Pothier principle provision purchaser question Reeised residence Revised Statutes Roman law rule Serg settled slaves Smith South Carolina statute of frauds Story's supra Term Rep tion trust United valid vendee vendor Vesey void Wendell
Populære avsnitt
Side iv - District Clerk's Office. BE IT REMEMBERED, that on the tenth day of August, AD 1829, in the fifty-fourth year of the Independence of the United States of America, JP Dabney, of the said district, has deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit...
Side 319 - Of Law there can be no less acknowledged than that her seat is the bosom of God ; her voice the harmony of the world. All things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power.
Side 11 - Your representative owes you, not his industry only but his judgment; and he betrays, instead of serving you, if he sacrifices it to your opinion.
Side 513 - ... be actually made, procured, or provided, or fit, or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Side 98 - That one of the parties was physically incapable of entering into the marriage state.
Side 257 - State from bringing with them such persons as are deemed slaves by the laws of any one of the United States...
Side 509 - ... or upon any contract or sale of lands, tenements, or hereditaments, or any interest in or concerning them ; or upon any agreement that is not to be performed within the space of one...
Side 486 - The common law affords to every one reasonable protection against fraud in dealing ; but it does not go to the romantic length of giving indemnity against the consequences of indolence and folly, or a careless indifference to the ordinary and accessible means of information.
Side 225 - Constitution, includes all the jurisdiction, which was possessed and exercised by the Supreme Court of the Colony of New York, at any time, and by the Court of Chancery in England, on the 4th day of July, 1776; with the exceptions, additions, and limitations, created and imposed by the Constitution and laws of the state. Subject to those exceptions and limitations, the Supreme Court of the state has all the powers and authority of each of those courts, and exercises the same in like manner.
Side 122 - Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Bibliografisk informasjon
| Tittel | Commentaries on American Law, Volum 2 Commentaries on American Law, James Kent |
| Forfatter | James Kent |
| Utgave | 6 |
| Utgiver | W. Kent, 1848 |
| Eksporter sitat | BiBTeX EndNote RefMan |