Albany Law Journal, Том 32Weed, Parsons & Company, 1886 |
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Страница 1
... Justice Manisty's ' practice point ' has been summarily de- cided against him . A judge has no right to enter judg- ment in the teeth of the finding of a jury . " That is what we said at the time . But then on the other hand the Law ...
... Justice Manisty's ' practice point ' has been summarily de- cided against him . A judge has no right to enter judg- ment in the teeth of the finding of a jury . " That is what we said at the time . But then on the other hand the Law ...
Страница 2
... Justice Stephen , Dr. Hammond the novelist , and Dr. Clark Bell , and on this point we regard them all as cranky . " We have said so before about Mr. Justice Stephen , and Dr. Bell af- fords us the opportunity of saying so about him ...
... Justice Stephen , Dr. Hammond the novelist , and Dr. Clark Bell , and on this point we regard them all as cranky . " We have said so before about Mr. Justice Stephen , and Dr. Bell af- fords us the opportunity of saying so about him ...
Страница 3
... Justice Mercur , in Barton v . Hunter , 5 Out . examination of the authorities we have cited , in 411 : The law presumes that a public sale is made connection with others touching the subject under in good faith . The presumption stands ...
... Justice Mercur , in Barton v . Hunter , 5 Out . examination of the authorities we have cited , in 411 : The law presumes that a public sale is made connection with others touching the subject under in good faith . The presumption stands ...
Страница 4
... justice . To this end the system of pleading and the rules of evidence have been established , the former to exactly define the is- sues between the parties , the latter to elicit the facts which are to demonstrate the affirmative or ...
... justice . To this end the system of pleading and the rules of evidence have been established , the former to exactly define the is- sues between the parties , the latter to elicit the facts which are to demonstrate the affirmative or ...
Страница 5
... justice ? Certainly not , because the litigant has any natural right to have tes- timony excluded . Only the public necessities , the avoidance of delay , the economy of time , can be re- garded as the basis and reason of these rules ...
... justice ? Certainly not , because the litigant has any natural right to have tes- timony excluded . Only the public necessities , the avoidance of delay , the economy of time , can be re- garded as the basis and reason of these rules ...
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Популарни одломци
Страница 72 - It is a finality as to the claim or demand in controversy, concluding parties and those In privity with them, not only as to every matter which was offered and received to sustain or defeat the claim or demand, but as to any other admissible matter which might have been offered for that purpose.
Страница 255 - A valid and subsisting location of mineral lands, made and kept up in accordance with the provisions of the statutes of the United States, has the effect of a grant by the United States of the right of present and exclusive possession of the lands located.
Страница 350 - ... 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.
Страница 74 - The principle that in every forum a contract is governed by the law with a view to which it was made.
Страница 80 - Probable cause" has been defined as a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Страница 138 - An adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated, and have had decided as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defense": Freeman on Judgments, sec.
Страница 257 - Equitable estoppel is the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might, perhaps, have otherwise existed, either of property, of contract, or of remedy...
Страница 255 - In this action the plaintiff must recover on the strength of his own title, not on the weakness of that of his adversary.
Страница 260 - Probable cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty.
Страница 78 - The people of the United States, as sovereign owners of the National Territories, have supreme power over them and their inhabitants. In the exercise of this sovereign dominion, they are represented by the government of the United States, to whom all the powers of government over that subject have been delegated, subject only to such restrictions as are expressed in the Constitution, or are necessarily implied in its terms...