Spurious InterpretationColumbia Law Review, 1907 - 386 pages |
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Page 379
... means lost , in which judges must make as well as administer law , morality , under one name or another , must stand for the law which should in theory , but does not in fact , exist as the rule of decision . The philosophical jurist ...
... means lost , in which judges must make as well as administer law , morality , under one name or another , must stand for the law which should in theory , but does not in fact , exist as the rule of decision . The philosophical jurist ...
Page 381
... means of genuine interpretation . They are not covers for the making of new law . They are modes of arriving at the real intent of the maker of existing law . The former means of interpretation tries to find out directly what the law ...
... means of genuine interpretation . They are not covers for the making of new law . They are modes of arriving at the real intent of the maker of existing law . The former means of interpretation tries to find out directly what the law ...
Page 382
... means of interpretation , this could not be regarded as a means of genuine interpretation . But inherent difficulties of expression and want of care in drafting require continual resort to this means of interpretation for the legitimate ...
... means of interpretation , this could not be regarded as a means of genuine interpretation . But inherent difficulties of expression and want of care in drafting require continual resort to this means of interpretation for the legitimate ...
Page 383
... means of which the law has grown in the past , we may divide them into general fictions- fictions under which a general course of procedure or general doctrines have grown up ; and particular or special fictions - fic- tions which have ...
... means of which the law has grown in the past , we may divide them into general fictions- fictions under which a general course of procedure or general doctrines have grown up ; and particular or special fictions - fic- tions which have ...
Page 384
... means wholly evil , it is a sign either of backwardness in development or of organic disease . Rigid con- stitutions , difficult of amendment , particularly where , as in the case of the Fourteenth Amendment they seek to impose the ...
... means wholly evil , it is a sign either of backwardness in development or of organic disease . Rigid con- stitutions , difficult of amendment , particularly where , as in the case of the Fourteenth Amendment they seek to impose the ...
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Common terms and phrases
accumulations action American apply Ashwell authority Baker Bank breach Burdick claim Code coin COLUMBIA LAW REVIEW Columbia University common law Conn constitutional contract corporation damages decision defendant digest diplomacy doctrine easement Edition equity eventual estate executors fact franchise Held illegal intent interest International Law Interstate Commerce Act judicial Jurisprudence jurists Keogh Kindly mention larceny law canvas Law School law-maker lawyers legislative liability license LL.B magistrate Manice matter mention the REVIEW Minn N. Y. Supp NOTES owner par delictum parties person presumptively entitled plaintiff political possession power in trust Price principal Professor promise Publishers purpose quasi-contract question relator restraints on alienation right of access Roman Roman Law Rule against Perpetuities seems shilling sovereign specific performance spurious interpretation statute stockholders supra testator theory tion Torts transfer trespass ultra vires vested Vols volume Voorhis York
Popular passages
Page 433 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to' some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 390 - Upon any indictment for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable.
Page 413 - ... access to the navigable part of the river from the front of his lot; the right to make a landing, wharf, or pier for his own use, or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever those may be.
Page 388 - April, 1906. possession, appropriates the same to his own use, or that of any other person other than the true owner or person entitled to the benefit thereof; Steals such property, and is guilty of larceny.
Page 403 - ... undisposed of, and no valid direction for their accumulation is given, such rents and profits shall belong to the persons presumptively entitled to the next eventual estate.
Page 394 - The fact that the defendant intended to restore the property stolen or embezzled, is no ground of defense, or of mitigation of punishment, if it has not been restored before complaint to a magistrate, charging the commission of the crime.
Page 388 - A person who, with the intent to deprive or defraud the true owner of his property...
Page 393 - It is agreed upon all sides that the crime of larceny may not be committed unintentionally, unconsciously, or by mistake, but that, in order to accomplish it, the perpetrator must have the intent referred to. It may be difficult at all times exactly and satisfactorily to define this intent, but the requirement for it as applicable to this case means that, when the relator took part in the appropriation of the moneys in question, he must have had in some degree that same conscious, unlawful, and wicked...