Harvard Law Review, Volume 18Harvard Law Review Pub. Association, 1904 |
Contents
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Common terms and phrases
action adverse possession alteration assignment authority Bank bankruptcy benefit bilateral contract bill Bracton breach buyer cause charge chattels claim common law Constitution contract corporation courts of equity covenant created creditor damages death debt debtor decision deed defendant defendant's devolve doctrine effect enforce English entitled equitable conversion equity estoppel evidence executor fact federal give grant HARV HARVARD LAW REVIEW heir or devisee held intention interest intestacy intestate judgment jurisdiction jury land latter legal possession legatee liability limitations Lord Mass mortgage N. Y. App negligence obligation owner parties payment personal estate plaintiff Pollock President principle proceeds purchase question reason recover residuary result rule rule against perpetuities S. W. Rep says seems sell Sir Frederick Pollock specific performance statute supra tenant testator testator's tion tort United unlawful valid York
Popular passages
Page 577 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 263 - ... remainder to the first and other sons of the marriage in tail male; remainder to the first and other...
Page 576 - One of the settled maxims in constitutional law is, that the power conferred upon the legislature to make laws cannot be delegated by that department to any other body or authority. Where the sovereign power of the State has located the authority, there it must remain; and by the constitutional agency alone the laws must be made until the constitution itself is changed.
Page 173 - Provided that, where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.
Page 535 - ... to perform either of these conditions, that we will pay to the people of the state of California the sum of dollars...
Page 584 - The General Assembly shall not pass local or special laws in any of the following enumerated cases...
Page 430 - State to restrict or prohibit the orderly and peaceable assembling or co-operation of persons employed in any profession, trade or handicraft, for the purpose of securing an advance in the rate of wages or compensation, or for the maintenance of such rate.
Page 601 - ... the effect of the enforcement of such judgment or transfer will be to enable any one of his creditors to obtain a greater percentage of his debt than any other of such creditors of the same class. Where the preference consists in a transfer, such period of four months shall not expire until four months after the date of the recording or registering of the transfer, if by law such recording or registering is required.
Page 566 - Every power of the parliament of a colony which has become or becomes a State, shall, unless it is by this constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.
Page 575 - The power to prescribe a tariff of rates for carriage by a common carrier is a legislative and not an administrative or judicial function, and, having respect to the large amount of property invested in railroads, the various companies engaged therein, the thousands of miles of road, and the millions of tons of freight carried, the varying and diverse conditions attaching to such carriage, is a power of supreme delicacy and importance.