Albany Law Journal, Volume 31Weed, Parsons & Company, 1885 |
From inside the book
Results 1-5 of 85
Page 1
... Judge Cooley's paper in the December number of the North American Review seems to invite discussion and notice , for it is from the pen of one of our most distinguished juridical writers and it touches a grave problem in the science of ...
... Judge Cooley's paper in the December number of the North American Review seems to invite discussion and notice , for it is from the pen of one of our most distinguished juridical writers and it touches a grave problem in the science of ...
Page 2
... Judge Cooley's article shows plainly the necessity of a new departure unless our courts are to usurp the functions of the legislature and deal out to us popular sentiments , thinly disguised , instead of the law that fixed and immutable ...
... Judge Cooley's article shows plainly the necessity of a new departure unless our courts are to usurp the functions of the legislature and deal out to us popular sentiments , thinly disguised , instead of the law that fixed and immutable ...
Page 4
... judge of the competency of the plaintiff . In the case of Nelson v . Von Bonnhorst , 29 Penn . St. 352 , it was held that a contract ' to pay whenever in my opinion my circumstances will enable me to do so , ' imposes no legal ...
... judge of the competency of the plaintiff . In the case of Nelson v . Von Bonnhorst , 29 Penn . St. 352 , it was held that a contract ' to pay whenever in my opinion my circumstances will enable me to do so , ' imposes no legal ...
Page 22
... judge with little or none of it . That it is , in fact , rarely met with among the judges will be conceded by our contemporary if he will recall the intermin- able subject of ' Judicial Prolixity , ' about which so much has been said ...
... judge with little or none of it . That it is , in fact , rarely met with among the judges will be conceded by our contemporary if he will recall the intermin- able subject of ' Judicial Prolixity , ' about which so much has been said ...
Page 25
... judge of the Circuit Court of the United States for the district of California in In re Robb , 19 Fed . Rep . 26. But we have not been able to reach the conclusion announced by him . " To what extent the fugitive who has been extra ...
... judge of the Circuit Court of the United States for the district of California in In re Robb , 19 Fed . Rep . 26. But we have not been able to reach the conclusion announced by him . " To what extent the fugitive who has been extra ...
Other editions - View all
Common terms and phrases
affirmed agent agreement Albany alleged answer authority Bank bill bill of lading cause of action charge cited claim Code common law Constitution contract corporation Court of Appeals court of equity creditors crime criminal damages debt decision declared deed defendant defendant's doctrine duty entitled equity evidence execution extradition fact fendant ground habeas corpus held husband injury interest James Pearson judge judgment judicial jurisdiction jury justice land lawyers Legislature liable Lord marriage matter ment Micou mortgage N. W. Rep negligence opinion owner paid party payment person plaintiff plaintiff in error possession principle purchase purpose question Railroad Co reason received recover refused replevin respondent rule servant statute statute of frauds sufficient suit supra Supreme Court testator tion trial trust United verdict wife witness York
Popular passages
Page 253 - In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view to substantial justice between the parties.
Page 272 - Provided, that in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them...
Page 87 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Page 167 - Provided, that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial, If the crime or offense had there been committed...
Page 72 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 209 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Page 294 - Property shall be assessed for taxes under general laws, and by uniform rules, according to its true value.
Page 97 - suits in equity shall not be sustained in either of the courts of the United States in any case where a plain, adequate, and complete remedy may be had at law.
Page 118 - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable...
Page 354 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...