Reports of Cases Argued and Determined in the Supreme Court: 1823/24Gould & Banks, 1859 - Law reports, digests, etc |
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Page 24
... considered its maintenance not only a matter of private but of public duty . Hence he gave no countenance to uncertainty and innovation , by endeavoring to sub- stitute the maxims of a fanciful morality for those of law ; though where ...
... considered its maintenance not only a matter of private but of public duty . Hence he gave no countenance to uncertainty and innovation , by endeavoring to sub- stitute the maxims of a fanciful morality for those of law ; though where ...
Page 51
... considered . This point is presented by the counsel for the defendant Is made a pre- liminary ob- in error , as a preliminary objection , and they contend that jection . the writ of error ought to be quashed . support it . In support of ...
... considered . This point is presented by the counsel for the defendant Is made a pre- liminary ob- in error , as a preliminary objection , and they contend that jection . the writ of error ought to be quashed . support it . In support of ...
Page 60
... considered American ? What is the meaning of this warranty ? Ch . Justice Spencer says truly , in giving the opinion ... considered in reference to the law of nations , and the true question , is it to be considered a Frenchman or an ...
... considered American ? What is the meaning of this warranty ? Ch . Justice Spencer says truly , in giving the opinion ... considered in reference to the law of nations , and the true question , is it to be considered a Frenchman or an ...
Page 63
... considered as enemy's property . " It is hardly possible to find a case more similar to the present than that of the Sally Griffiths . The property in that case was shipped under a contract with France , to supply the French armies ...
... considered as enemy's property . " It is hardly possible to find a case more similar to the present than that of the Sally Griffiths . The property in that case was shipped under a contract with France , to supply the French armies ...
Page 65
... considered , if made in war , or in contemplation of war , as infringements of belligerents rights , and calculated to introduce the grossest frauds . In fact , if they could prevail , not a single bale of enemy's goods would ever be ...
... considered , if made in war , or in contemplation of war , as infringements of belligerents rights , and calculated to introduce the grossest frauds . In fact , if they could prevail , not a single bale of enemy's goods would ever be ...
Common terms and phrases
affidavit aforesaid ALBANY appellant assignment assumpsit attorney authority award bail Bank of Utica bill bond cargo cause cent certiorari Chancellor cited claim common law considered contract costs counsel Court of Chancery Court of Equity covenant Curia debt declaration decree deed defendant devise discount dollars entitled equity equity of redemption error estate tail evidence execution executor fact fee simple fee tail fraud German G ground Havana intention interest issue Jackson John Judge judgment jury Justice land Levy M'Donald Medcef ment Morey mort mortgaged premises mortgagor motion Neilson Niskayuna notice object opinion Oyer and Terminer paid party payment person plaintiff plaintiff in error proceedings purchase question respondent rule says Sept Sheriff statute suit Supreme Court taken term testator tion trial Troup usury verdict void Wattles witness Wolf words writ YORK
Popular passages
Page 25 - To them his heart, his love, his griefs were given, But all his serious thoughts had rest in heaven. As some tall cliff that lifts its awful form, Swells from the vale, and midway leaves the storm, — Though round its breast the rolling clouds are spread, Eternal sunshine settles on its head.
Page 284 - Before we conclude the doctrine of remainders and reversions, it may be proper to observe, that f whenever a greater estate and a less coincide and meet in one and the same person, without any intermediate estate/ the less is immediately annihilated;! or, in the law phrase, is said to be 'merged, that is, sunk or drowned, in the greater.
Page 59 - Through every stage of the conflict, the United States have maintained an impartial neutrality, giving aid to neither of the parties in men, money, ships, or munitions of war. They have regarded the contest not in the light of an ordinary insurrection or rebellion, but as a civil war between parties nearly equal, having, as to neutral powers, equal rights.
Page 303 - Upon this subject a Court of equity is not guided by the rules of law. It will sometimes hold a charge extinguished where it would subsist at law, and sometimes preserve it where at law it would be merged. 3 The question is upon the intention, actual or presumed, of the person in whom the interests are united.
Page 816 - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service; and the land and naval forces in time of war, or which this State may keep with the consent of Congress in time of peace, and in cases of petit larceny, under the regulation of the Legislature), unless on presentment or indictment of a grand jury...
Page 38 - RC prays that the judgment aforesaid, for the errors aforesaid, and other errors in the record and prpceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may be restored to all things which he hath lost by occasion of the said judgment, &c.
Page 649 - Whenever parties can, by their own act, transfer real property, or exercise any act of ownership with regard to it, they may refer any disputes concerning it to the decision of arbitrators, who may order the same acts to be done which the parties themselves might do by agreement.
Page 471 - ... the damages of the plaintiff, on occasion of the not performing the promises within mentioned, over and above his costs and charges by him about his suit in this behalf expended to £ , and for those costs and charges to forty shillings.
Page 556 - But no acknowledgment of any conveyance having been executed, shall be taken by any officer, unless the officer taking the same shall know, or have satisfactory evidence, that the person making such acknowledgment is the individual described in and who executed such conveyance.
Page 64 - By the modern law of nations provisions are not, in general, deemed contraband; but they may become so, although the property of a neutral, on account of the particular situation of the war, or on account of their destination. If destined for the ordinary use of life in the enemy's country, they are not, in general, contraband; but it is otherwise if destined for military use. Hence, if destined for the army or navy of the enemy, or for his ports of naval or military equipment, they are deemed contraband.