Columbia Law Times: A Monthly Review Devoted to Law and Political Science, Volume 5Dennis, 1892 |
From inside the book
Results 1-5 of 58
Page 5
... hands . ' The term " conflict " implies that the State and Federal courts have come to opposite conclusions on the same or simi- lar state of facts . It implies that the Federal courts have inquired into the acts of the State to ...
... hands . ' The term " conflict " implies that the State and Federal courts have come to opposite conclusions on the same or simi- lar state of facts . It implies that the Federal courts have inquired into the acts of the State to ...
Page 10
... hands . Here we see the significance of the English cases , where we find a mere mark , " meaningless in itself , held equiva- lent to an acceptance , and thus by the Law Merchant , representing a complete con- tract . 66 993 The single ...
... hands . Here we see the significance of the English cases , where we find a mere mark , " meaningless in itself , held equiva- lent to an acceptance , and thus by the Law Merchant , representing a complete con- tract . 66 993 The single ...
Page 11
... hands of the bank , the acceptance is simply a promise to pay his debt with his own money , but even in the absence of funds the certification is binding on the bank on the ground of estoppel , as will be shown more fully under the ...
... hands of the bank , the acceptance is simply a promise to pay his debt with his own money , but even in the absence of funds the certification is binding on the bank on the ground of estoppel , as will be shown more fully under the ...
Page 13
... hands of an innocent holder for value , even though it had been altered before certification , yet the prevailing and sound rule ' limits the warrant of certifica- tion as above indicated . If , however , the bank have any peculiar ...
... hands of an innocent holder for value , even though it had been altered before certification , yet the prevailing and sound rule ' limits the warrant of certifica- tion as above indicated . If , however , the bank have any peculiar ...
Page 22
... hand and often second- rate theories of text - book writers ; it is the method which believes it is better to read a few leading cases thoroughly , than to confuse the mind with the multitude of heterogeneous cases and ideas set forth ...
... hand and often second- rate theories of text - book writers ; it is the method which believes it is better to read a few leading cases thoroughly , than to confuse the mind with the multitude of heterogeneous cases and ideas set forth ...
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Common terms and phrases
action agent amount appellate court assent attorney Austin Abbott authority bank Book called cause certificate Charles client COLUMBIA LAW Columbia Law School communications contract corporation counsel Court of Appeals court of equity court of last creditors Crim Criminal Law debt decision defendant directors doctrine duty Edward equity estoppel evidence existence expert facts fraud Frederick George GEORGEtown College held Henry injury interest James JAMES GORE KING John Johnson Joseph judges judicial jury justice land LAW SCHOOL lawyer liability Mass Medical Jurisprudence ment mortgage negligence nuisance officers opinion patient person physician plaintiff present principles privilege profession question railroad ratification reason receiver relation rule S. T. Smith specific performance statute Statute of Frauds student Supreme Court testator testimony Thomas tion tort trial trust ultra vires waived William witness York YORK LAW SCHOOL
Popular passages
Page 216 - Car. 2, c. 3, s. 7, that all declarations or creations of trusts, or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing, signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect...
Page 154 - Secondly, for the advocates and counsel that plead, patience and gravity of hearing is an essential part of justice ; and an over-speaking judge is no " well-tuned cymbal." It is no grace to a judge first to find that which he might have heard in due time from the bar ; or to show quickness of conceit 3 in cutting off evidence or counsel too short; or to prevent" information by questions, though pertinent.
Page 216 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act or operation of law, then and in every such case such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made ; anything hereinbefore contained to the contrary notwithstanding.
Page 31 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Page 216 - That no will shall be valid unless it shall be in writing and executed in manner herein-after mentioned ; (that is to say,) it shall be signed at the foot or end thereof by the testator, or by some other person in his presence and by his direction; and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation...
Page 2 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 7 - When a health law is challenged in the courts as unconstitutional on the ground that it arbitrarily interferes with personal liberty and private property without due process of law, the courts must be able to see that it has at least in fact some relation to the DOCUMENTS OF AMERICAN HISTORY public health, that the public health is the end actually aimed at. and that it is appropriate and adapted to that end.
Page 7 - They are at liberty — indeed, are under a solemn duty — to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority.
Page 98 - ... preservation and management of the property, and make the same chargeable as a lien thereon for its repayment, cannot, at this day, be seriously disputed. It is a part of that jurisdiction, always exercised by the court, by which it is its duty to protect and preserve the trust funds in its hands. It is, undoubtedly, a power to be exercised with great caution ; and, if possible, with the consent or acquiescence of the parties interested in the fund.
Page 5 - No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot divest itself of the power to provide for them.