Harvard Law Review, Volume 25Harvard Law Review Pub. Association, 1912 |
From inside the book
Results 1-5 of 100
Page 44
... justice overlooks the fact that the law , as it stood before this decision , was not settled by Congress , but by the court . What Congress meant is very doubtful . There was just as much judicial legislation in deciding that restraint ...
... justice overlooks the fact that the law , as it stood before this decision , was not settled by Congress , but by the court . What Congress meant is very doubtful . There was just as much judicial legislation in deciding that restraint ...
Page 48
... Justice himself , " the difference between the two is therefore only that which obtains between things which do not differ at all . " It seems to the writer that in attempting the impossible task of reconciling these cases with prior ...
... Justice himself , " the difference between the two is therefore only that which obtains between things which do not differ at all . " It seems to the writer that in attempting the impossible task of reconciling these cases with prior ...
Page 81
... justice . See Hill v . Harding , 130 U. S. 699 , 703 . BANKRUPTCY - PARTNERSHIP AND INDIVIDUAL CLAIMS AND ASSETS EFFECT OF ACT OF BANKRUPTCY ON NON - ASSENTING PARTNER . - - One of two partners executed a general assignment of firm ...
... justice . See Hill v . Harding , 130 U. S. 699 , 703 . BANKRUPTCY - PARTNERSHIP AND INDIVIDUAL CLAIMS AND ASSETS EFFECT OF ACT OF BANKRUPTCY ON NON - ASSENTING PARTNER . - - One of two partners executed a general assignment of firm ...
Page 105
... justice in many cases but not in all . " If , however , these tests are all rejected , the question comes , what shall be substituted . The answer given by some able jurists sounds like a counsel of despair . They appear to think that ...
... justice in many cases but not in all . " If , however , these tests are all rejected , the question comes , what shall be substituted . The answer given by some able jurists sounds like a counsel of despair . They appear to think that ...
Page 107
... justice to deserving suitors . " It is the duty of the court " to ascertain and give effect to the spirit of the principle which the maxim dimly indicates but does not fully express . " 16 considerable interval . See Bishop v . St. Paul ...
... justice to deserving suitors . " It is the duty of the court " to ascertain and give effect to the spirit of the principle which the maxim dimly indicates but does not fully express . " 16 considerable interval . See Bishop v . St. Paul ...
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Common terms and phrases
accident action actual alleged rule applied appointment assumpsit authority Bank carrier causal relation claim common law compensation CONFLICT OF LAWS constitutional contract contributory negligence corporation court of equity covenant creditor criminal damage debt decision defendant defendant's tort discharge doctrine duty effect EMINENT DOMAIN employer employment English equity estoppel fact facto gift give ground HARV held improbable consequences injury interest Interstate Commerce Commission joint debtor judges judgment jurisdiction jurisprudence jurists jury justice law school law teacher legal cause liability lien Lord Mass matter ment Minn N. Y. Supp nature negligence parties person plaintiff practice principal probable question railroad reason restraint of trade result risk RULE AGAINST PERPETUITIES seems servant social statute supra Supreme Court surety testator theory tion tortfeasor tortious trade union trust ultra vires workman wrongdoer
Popular passages
Page 447 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.
Page 179 - All elections by the citizens, except for such town officers as may by law be directed to be otherwise chosen, shall be by ballot, or by such other method as may be prescribed by law, provided that secrecy in voting be preserved.
Page 567 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Page 644 - Continental Paper Bag Co. v Eastern Paper Bag Co. 210 US 405, 52 L Ed 1122, 28 S Ct 748 (1908) ; Crown Die & Tool Co.
Page 598 - An action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court.
Page 241 - It is admitted that the rule is difficult of application. But it is generally held, that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 450 - ... equal protection of the laws, within the meaning of the Fourteenth Amendment...
Page 737 - Consul, in his absence, shall have the right to intervene in the possession, administration and judicial liquidation of the estate of the deceased, conformably with the laws of the country, for the benefit of the creditors and legal heirs.
Page 108 - IT were infinite for the law to judge the causes of causes, and their impulsions one of another : therefore it contenteth itself with the immediate cause ; and judgeth of acts by that, without looking to any further degree.
Page 708 - The commission shall have the power, and be charged with the duty, of supervising, regulating and controlling all transportation and transmission companies doing business in this State...