Spurious InterpretationColumbia Law Review, 1907 - 386 pages |
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Page 380
... true to some extent of all interpretation . But it is more especially true of that form of interpretation or rather that form of judicial law - making under the guise of interpretation - which Austin has styled " spurious interpretation ...
... true to some extent of all interpretation . But it is more especially true of that form of interpretation or rather that form of judicial law - making under the guise of interpretation - which Austin has styled " spurious interpretation ...
Page 388
... true owner of his property , or of the use and benefit thereof , or to appropriate the same to the use of the taker , or of any other person , * ** having in his possession , custody , or control , as a bailee , servant , attorney ...
... true owner of his property , or of the use and benefit thereof , or to appropriate the same to the use of the taker , or of any other person , * ** having in his possession , custody , or control , as a bailee , servant , attorney ...
Page 391
... true , and he expressly disclaimed in his letter any intention to dispute such a liability ; but this was a case where the intent , or good faith , was in issue and then knowledge of the law is im- material . * * * The facts showed that ...
... true , and he expressly disclaimed in his letter any intention to dispute such a liability ; but this was a case where the intent , or good faith , was in issue and then knowledge of the law is im- material . * * * The facts showed that ...
Page 395
... true act of trespass , and this trespass must be a total assumption of possession and not a mere interference with possession . The taking and the intent must concur in time . It follows that if the possession is gotten at one time and ...
... true act of trespass , and this trespass must be a total assumption of possession and not a mere interference with possession . The taking and the intent must concur in time . It follows that if the possession is gotten at one time and ...
Page 396
Roscoe Pound. enacted because of this . It is true that there are occasional sug- gestions of an exception where the original possession was gained wrongfully . We find this view set forth in State v . Coombs.1 But that case is not ...
Roscoe Pound. enacted because of this . It is true that there are occasional sug- gestions of an exception where the original possession was gained wrongfully . We find this view set forth in State v . Coombs.1 But that case is not ...
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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...