The American Jurist, Том 9Freeman & Bolles, 1833 |
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Страница 10
... court to recollect another of these inexhausti- ble relicts . But these lights are not supposed to bring to the recollection of the court any more of the old law than is barely adequate , as a rule for that case . If , in expounding the ...
... court to recollect another of these inexhausti- ble relicts . But these lights are not supposed to bring to the recollection of the court any more of the old law than is barely adequate , as a rule for that case . If , in expounding the ...
Страница 12
... court must make the law for them . Jurisprudence is precisely the reverse of legislation . It acts only on ... courts to apply these general principles to the individual cases as they occur . These observations may be illustrated by a ...
... court must make the law for them . Jurisprudence is precisely the reverse of legislation . It acts only on ... courts to apply these general principles to the individual cases as they occur . These observations may be illustrated by a ...
Страница 22
... court , however respectable , never silences the judgment of the commentator . If he approves the decision he uses it as an authority to confirm his own opinion ; if he disap- proves it , he combats the doctrine of the court with the ...
... court , however respectable , never silences the judgment of the commentator . If he approves the decision he uses it as an authority to confirm his own opinion ; if he disap- proves it , he combats the doctrine of the court with the ...
Страница 30
... court . For if the court may escape from the law in an exception , a qualification , or a distinction ; — nay more , if they may establish a new rule , or alter an existing rule , when a case is presented for decision , it is too clear ...
... court . For if the court may escape from the law in an exception , a qualification , or a distinction ; — nay more , if they may establish a new rule , or alter an existing rule , when a case is presented for decision , it is too clear ...
Страница 37
... Courts prompted me to make an effort at the General Court , in which I continued till 1774 , when the dispute with Great Britain commenced . In November , 1751 , I VOL . IX.-NO. XVII . 5 • was sworn a Justice of the peace for Caroline ...
... Courts prompted me to make an effort at the General Court , in which I continued till 1774 , when the dispute with Great Britain commenced . In November , 1751 , I VOL . IX.-NO. XVII . 5 • was sworn a Justice of the peace for Caroline ...
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Страница 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...
Страница 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.
Страница 278 - It is a partnership in all science, a partnership in all art, a partnership in every virtue, and in all perfection.
Страница 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...
Страница 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.
Страница 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.
Страница 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.
Страница 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...
Страница 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...
Страница 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...