Albany Law Journal, Том 40Weed, Parsons & Company, 1890 |
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Страница 10
... authority is the very thing which the ratification cures , and to which the maxim applies , " Omnis rati- habitio retrotrahitur et mandato priori æquiparatur ; " that the ratification is " dragged back and made equiv- alent to a prior ...
... authority is the very thing which the ratification cures , and to which the maxim applies , " Omnis rati- habitio retrotrahitur et mandato priori æquiparatur ; " that the ratification is " dragged back and made equiv- alent to a prior ...
Страница 12
... authority ; but what was claimed was a mere nullity . There was no such office in existence , and therefore no ground for our interference . " To same effect are State v . Lehre , 7 Rich . ( S. C. ) 234-324 ; State v . North , 42 Conn ...
... authority ; but what was claimed was a mere nullity . There was no such office in existence , and therefore no ground for our interference . " To same effect are State v . Lehre , 7 Rich . ( S. C. ) 234-324 ; State v . North , 42 Conn ...
Страница 13
... authority for proceeding against the pretended corporation as a corporation , although the effect is to assert and deny its existence in the same breath . Fifth . Quo warranto will lie against a person assum- ing to hold an office that ...
... authority for proceeding against the pretended corporation as a corporation , although the effect is to assert and deny its existence in the same breath . Fifth . Quo warranto will lie against a person assum- ing to hold an office that ...
Страница 14
... authority or power to condemn the prisoner . As said by Chief Baron Gilbert , in a passage quoted in Ex parte Parks , 93 U. S. 18 , 22 : “ If the commitment be against law , as being made by one who had no juris- whether , if the ...
... authority or power to condemn the prisoner . As said by Chief Baron Gilbert , in a passage quoted in Ex parte Parks , 93 U. S. 18 , 22 : “ If the commitment be against law , as being made by one who had no juris- whether , if the ...
Страница 29
... authority to consent to such a change , nor has the defendant . " Among the numer- ous other cases where a similar doctrine has been laid down the following may be cited : Work v . State , 2 Ohio St. 297 ; State v . Mansfield , 41 Mo ...
... authority to consent to such a change , nor has the defendant . " Among the numer- ous other cases where a similar doctrine has been laid down the following may be cited : Work v . State , 2 Ohio St. 297 ; State v . Mansfield , 41 Mo ...
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Страница 277 - There must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant that the accident arose from want of care.
Страница 158 - EACH branch of the legislature, as well as the governor and Council, shall have authority to require the opinions of the justices of the Supreme Judicial Court, upon important questions of law, and upon solemn occasions.
Страница 234 - Every such action shall be brought by and In the names of the personal representatives of such deceased person, and the amount recovered In every such action shall be for the exclusive benefit of the widow and next of kin...
Страница 33 - That all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any Court of Law or Equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the bands of any person to abide the event on which any wager shall have been made...
Страница 332 - That every such action shall be for the benefit of the wife, husband, parent and child of the person whose death shall have been so caused...
Страница 112 - That there shall be no establishment of any one religious sect in this province in preference to another ; and that no protestant inhabitant of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles...
Страница 65 - ... as by the known usage of trade, or the like, acquired a peculiar sense, distinct from the popular sense of the same words...
Страница 348 - No one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found any claim upon his own iniquity, or to acquire property by his own crime.
Страница 227 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Страница 266 - Suppose one believed that human sacrifices were a necessary part of religious worship, would it be seriously contended that the civil government under which he lived could not interfere to prevent a sacrifice? Or if a wife religiously believed it was her duty to burn herself upon the funeral pile of her dead husband, would it be beyond the power of the civil government to prevent her carrying her belief into practice?