Reports of Cases Argued and Determined in the Supreme Court: 1823/24Gould & Banks, 1859 - Law reports, digests, etc |
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Page iii
... decision . They exhibit the doubts in which it was involved , and the difficulties , to be removed - test the accuracy and weight of the decision - and not unfrequently are an essential link of connection and application between the ...
... decision . They exhibit the doubts in which it was involved , and the difficulties , to be removed - test the accuracy and weight of the decision - and not unfrequently are an essential link of connection and application between the ...
Page iv
... decision of causes , I feel that this alone is a sufficient warrant for the at- tempt to enrich these reports with their researches . Entertain mg these views , I have endeavored to preserve , at least , the sub- stance of arguments ...
... decision of causes , I feel that this alone is a sufficient warrant for the at- tempt to enrich these reports with their researches . Entertain mg these views , I have endeavored to preserve , at least , the sub- stance of arguments ...
Page 24
... decision to this , instead of general unfitness . The section alluded to by Mr. Presi powers were truly put in requisition , that he justified the public in the rank which they had assigned him , of the most accomplished lawyer and ...
... decision to this , instead of general unfitness . The section alluded to by Mr. Presi powers were truly put in requisition , that he justified the public in the rank which they had assigned him , of the most accomplished lawyer and ...
Page 26
... decision of the Supreme Court , upon the same question Seymour V. Ellison . a point left in doubt by the obscurity , inaccuracy , or discrepancy of the books , or the total absence of authority . On these occasions he was truly ...
... decision of the Supreme Court , upon the same question Seymour V. Ellison . a point left in doubt by the obscurity , inaccuracy , or discrepancy of the books , or the total absence of authority . On these occasions he was truly ...
Page 40
... decisions of the ( f ) Art 5 , Supreme Court . The Justices of the Supreme Court are required , on writ of error , to assign ... decision upon these matters , within the mean- ing of the constitution , as is plain from the nature of the ...
... decisions of the ( f ) Art 5 , Supreme Court . The Justices of the Supreme Court are required , on writ of error , to assign ... decision upon these matters , within the mean- ing of the constitution , as is plain from the nature of the ...
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.