A Dictionary of American and English Law: With Definitions of the Technical Terms of the Canon and Civil Laws. Also, Containing a Full Collection of Latin Maxims, and Citations of Upwards of Forty Thousand Reported Cases in which Words and Phrases Have Been Judicially Defined Or Contrued, Volume 1
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action agreement appear applied appointed assignment authority bank Barn bill bond called cause Chancery charge Chit civil claim common common law condition Conn constitution contract corporation court covenant creditors criminal crown custom debt deed defendant defined distinguished duty easement effect England English entered entitled equity evidence execution fact give given grant heirs held includes interest issue Johns judge judgment jurisdiction jury justice kind land limited Litt lord Mass matter means ment nature officer original owner paid party payment person plaintiff plea pleading possession practice principal proceedings provisions question record Reports rule sense ship Stat statute Steph suit tenant term thing tion tort trial trust United Vict Wend Wheel writ
Page 335 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 465 - the rule of law is clear, that, where one, by his words or conduct, wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter, a different state of things, as existing at the same time.
Page 278 - Bequest shall not lapse, but shall take effect as if the Death of such Person had happened immediately after the Death of the Testator, unless a contrary Intention shall appear by the Will.
Page 247 - Association, to contribute to the assets of the Company in the event of its being wound up.
Page 357 - ... that it is bona fide his Intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state or sovereignty, and particularly, by name to the prince, potentate, state or sovereignty of which the alien may be at the time a citizen or subject.
Page 281 - And in £ for money then and there paid by the Plaintiff for the use of the Defendant at his request...
Page 211 - But, next to positive proof, circumstantial evidence or the doctrine of presumptions must take place: for when the fact itself cannot be demonstratively evinced, that which comes nearest to the proof of the fact is the proof of such circumstances which either necessarily, or usually, attend such facts; and these are called presumptions, which are only to be relied upon till the contrary be actually proved.
Page 276 - Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: (1) What was the common law before the making of the act ; (2) what was the mischief and defect for which the common law did not provide ; (3) what remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth ; (4) the true reason of the remedy.
Page 220 - For every man's land is, in the eye of the law, enclosed and set apart from his neighbor's; and that either by a visible and material fence, as one field is divided from another by a hedge, or by an ideal, invisible boundary, existing only in the contemplation of law, as when one man's land adjoins to another's in the same field.