Spurious InterpretationColumbia Law Review, 1907 - 386 pages |
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Page 380
... Political Her- meneutics , Chap . II . §§ 12 , 14 . 2 " Fur die Auslegung hat das Gesetzbuch keine besonderen Regeln aufgestellt . " Bernhöft , das Bürgerliche Recht ( in Birkmeyer's Ency- klopädie ) § 13 . 3 Jurisprudence ( 3 Ed ...
... Political Her- meneutics , Chap . II . §§ 12 , 14 . 2 " Fur die Auslegung hat das Gesetzbuch keine besonderen Regeln aufgestellt . " Bernhöft , das Bürgerliche Recht ( in Birkmeyer's Ency- klopädie ) § 13 . 3 Jurisprudence ( 3 Ed ...
Page 381
... likely to give the meaning of those who framed the rule . 1 Jurisprudence ( 3 Ed . ) 1023 . Lieber , Legal and Political Hermeneutics , Chap . 1 , § 8 . If resorted to in the first instance , or without SPURIOUS INTERPRETATION . 381.
... likely to give the meaning of those who framed the rule . 1 Jurisprudence ( 3 Ed . ) 1023 . Lieber , Legal and Political Hermeneutics , Chap . 1 , § 8 . If resorted to in the first instance , or without SPURIOUS INTERPRETATION . 381.
Page 383
... Political Hermeneutics , Ch . III , § 2 , Cooley , Constitutional Limitations , 51 et seq .- " Certain statutes , where extension is not plainly excluded , may be extended beyond the letter to similar and omitted cases . " Erkine ...
... Political Hermeneutics , Ch . III , § 2 , Cooley , Constitutional Limitations , 51 et seq .- " Certain statutes , where extension is not plainly excluded , may be extended beyond the letter to similar and omitted cases . " Erkine ...
Page 384
... political pressure , ( 3 ) that it reintroduces the personal element into judicial administration . Let us examine each of these propositions in more detail . In the first place , in a modern state , spurious interpretation of statutes ...
... political pressure , ( 3 ) that it reintroduces the personal element into judicial administration . Let us examine each of these propositions in more detail . In the first place , in a modern state , spurious interpretation of statutes ...
Page 385
... political pressure which can not but impair the general administration of justice . If the dominant political force for the time being may , or thinks it may , amend the constitution off - hand by procuring judicial spurious ...
... political pressure which can not but impair the general administration of justice . If the dominant political force for the time being may , or thinks it may , amend the constitution off - hand by procuring judicial spurious ...
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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...