The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 35Bancroft-Whitney, 1881 |
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Page 6
... evidence to be considered by the jury . Clay's Dig . 473 , § 9 . When , however , a child of tender years is produced as a witness , it is the duty of the presiding judge to examine him or her , with- out the interference of counsel ...
... evidence to be considered by the jury . Clay's Dig . 473 , § 9 . When , however , a child of tender years is produced as a witness , it is the duty of the presiding judge to examine him or her , with- out the interference of counsel ...
Page 7
... evidence , we are constrained to hold that the Circuit judge erred in permitting this witness to be sworn and testify , and that the judgment must be therefore re- versed , and the cause remanded . Let the defendant be kept in custody ...
... evidence , we are constrained to hold that the Circuit judge erred in permitting this witness to be sworn and testify , and that the judgment must be therefore re- versed , and the cause remanded . Let the defendant be kept in custody ...
Page 20
... evidence burden of proof . - --- - The defense of insane delusion , in a criminal case , prevails only when the imaginary state of facts would justify or excuse the act if it was real . The doctrine of moral insanity , or irresistible ...
... evidence burden of proof . - --- - The defense of insane delusion , in a criminal case , prevails only when the imaginary state of facts would justify or excuse the act if it was real . The doctrine of moral insanity , or irresistible ...
Page 24
... evidence , and the ruling of Lord KENYON on the main question . The prisoner had been severely wounded in battle , and there was strong evidence that both before and after the assault , he had insane delusions of very pronounced ...
... evidence , and the ruling of Lord KENYON on the main question . The prisoner had been severely wounded in battle , and there was strong evidence that both before and after the assault , he had insane delusions of very pronounced ...
Page 25
... evidence of sufficient sanity to justify criminal punishment , are nevertheless strong circumstances tending to prove legal accountability . ' n Hadfield's case , we infer from the language of the court , that he would have been ...
... evidence of sufficient sanity to justify criminal punishment , are nevertheless strong circumstances tending to prove legal accountability . ' n Hadfield's case , we infer from the language of the court , that he would have been ...
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Common terms and phrases
action agent alleged amount appellant appellee applied assault and battery authority bill of exchange bill of lading bond cause charge cited City claim common carrier common law condition constitute contract conviction corporation counsel court of equity creditor crime criminal damages debt decision declared deed defendant defendant's delivered delivery discharge doctrine duty equity error evidence execution express facts fraud held indictment indorser injury insanity intent judge jury justice land liable Maine Central Railroad Mass ment mortgage National Bank negligence Negotiable instrument notice offense Ohio St opinion owner paid parties payable payment Penn person plaintiff had judgment plaintiff in error plea possession presumption principle prisoner promissory note proof prove purpose question Railroad Company reasonable doubt received recover rule sanity says statute Supreme Court surety sustained testator testimony thereof tion trial trust void Wend Winnebago County witness
Popular passages
Page 525 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 495 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 220 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property...
Page 645 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 18 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 488 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 308 - In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself, or as such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
Page 18 - ... notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit, he is nevertheless punishable according to the nature of the crime committed, if he knew at the time of committing such crime that he was acting contrary to law ; by which expression we understand your lordships to mean the law of the land.
Page 598 - ... expressed in the written part of the policy, otherwise the policy shall be void.
Page 90 - All subjects over which the sovereign power of a state extends, are objects of taxation ; but those over which it does not extend, are, upon the soundest principles, exempt from taxation.