Albany Law Journal, Volume 33Weed, Parsons & Company, 1886 |
From inside the book
Results 1-5 of 86
Page 9
... question , and leads to the conclusion that the judgment must be reversed , and the case be re- manded to the Circuit Court , with a direction to award a new trial ; and it is so ordered . that he had given these instructions to his bar ...
... question , and leads to the conclusion that the judgment must be reversed , and the case be re- manded to the Circuit Court , with a direction to award a new trial ; and it is so ordered . that he had given these instructions to his bar ...
Page 12
... question was not constructed as one in- tended to carry passengers or people should be . This concession necessarily forecloses any discussion as to the negligence of the defendant in omitting to per- form the duty of furnishing safe ...
... question was not constructed as one in- tended to carry passengers or people should be . This concession necessarily forecloses any discussion as to the negligence of the defendant in omitting to per- form the duty of furnishing safe ...
Page 17
... question , whether it is treated as a question of construction of the contract of the parties , or as a question of judicial remedy . If it is considered as de- pending upon the intent of the parties as manifested by their written ...
... question , whether it is treated as a question of construction of the contract of the parties , or as a question of judicial remedy . If it is considered as de- pending upon the intent of the parties as manifested by their written ...
Page 24
... question of change of power from State to local authority , but I think that a careful examination of the statutory and constitutional changes in New York within the last twenty - five years will show that while the tendency has been to ...
... question of change of power from State to local authority , but I think that a careful examination of the statutory and constitutional changes in New York within the last twenty - five years will show that while the tendency has been to ...
Page 25
... question . In 1858 the Court of Appeals had this question squarely before it , and gave it careful consideration . The question came up from Broome county . The board of supervisors of that county had passed a reso- lution dividing the ...
... question . In 1858 the Court of Appeals had this question squarely before it , and gave it careful consideration . The question came up from Broome county . The board of supervisors of that county had passed a reso- lution dividing the ...
Contents
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Common terms and phrases
action agent Albany alleged authority Aylesford Bank Bar Association bill bill of lading breach cause cause of action charge cited claim Code common law Constitution contract corporation counsel Court of Appeals court of equity creditor damages DAVID DUDLEY FIELD debt deceased Decided Jan decision declared deed defendant defendant's doctrine duty entitled error evidence execution executors fact fendant fraud held husband injury intention interest judges judgment judicial jurisdiction jury Justice land Law Journal lawyers Legislature liable libel mandamus marriage matter ment mortgage negligence Opinion owner party payment person plaintiff plaintiff in error possession premises principle proceedings purpose question reason received recover remedy replevin respondent rule servant statute statute of frauds statute of limitations Supreme Court testator thereof tion transaction trial trust wife words York
Popular passages
Page 7 - Sixty days after sight of this first of exchange (second and third unpaid) pay to the order of ourselves, in London, eight hundred and fifty pounds sterling, value received, and charge to account of HUMPHREY BELL & Co. To Mr. WD Turner, Jr., Liverpool.
Page 333 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Page 151 - ... 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 labouring 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 333 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Page 157 - We hold the true rule to. he that whatever the passenger takes with him for his personal use or convenience, according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or to the ultimate purpose of the journey, must be considered as personal baggage.
Page 225 - It would be a very curious and unsatisfactory result If, In construing a provision of constitutional law always understood to have been adopted for protection and security to the rights of the individual as against the government, and which has received the commendation of jurists, statesmen, and commentators, as placing the just principles of the common law on that subject beyond the power of ordinary legislation to change or control them...
Page 312 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 78 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery, or for nondelivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 16 - All manufactures of silk, or of which silk is the component material of chief value...
Page 62 - Wednesday. Doth he feel it? no. Doth he hear it? no. 'Tis insensible, then? Yea, to the dead. But will it not live with the living? no. Why? detraction will not suffer it. Therefore I'll none of • it. Honour is a mere scutcheon : and so ends my catechism.