American Law Magazine, Volume 3Rothman., 1844 |
From inside the book
Results 1-5 of 100
Page 40
... plaintiff , he ought to have told the jury it was actionable , and that the plaintiff was entitled to a verdict . " In Clement v . Fisher , the court decided that it was impro- per to leave the intention of the writer or publisher to ...
... plaintiff , he ought to have told the jury it was actionable , and that the plaintiff was entitled to a verdict . " In Clement v . Fisher , the court decided that it was impro- per to leave the intention of the writer or publisher to ...
Page 43
... plaintiff affixed the jurat to it , and signed it officially as sworn to , and that the paper thus certified , was forwarded to the government to be used in preventing the re - appointment of the collector . The judge charged the jury ...
... plaintiff affixed the jurat to it , and signed it officially as sworn to , and that the paper thus certified , was forwarded to the government to be used in preventing the re - appointment of the collector . The judge charged the jury ...
Page 46
... plaintiff is equal . The decision of the court of errors in this case , we presume , will not be regarded as an authority even in the state of New York , except in cases in all respects similar , for it is incon- sistent , and it would ...
... plaintiff is equal . The decision of the court of errors in this case , we presume , will not be regarded as an authority even in the state of New York , except in cases in all respects similar , for it is incon- sistent , and it would ...
Page 51
... plaintiff before suit brought , and are in his undisturbed possession at the time of trial ; and equally undoubted does it seem , that payment of the judgment in such case will give the defendant no title to recover the goods from the ...
... plaintiff before suit brought , and are in his undisturbed possession at the time of trial ; and equally undoubted does it seem , that payment of the judgment in such case will give the defendant no title to recover the goods from the ...
Page 53
... plaintiffs ( assignees of a bankrupt , ) after an action of trover had been commenced by them , and the plaintiffs ... plaintiff's horse when taken , and the sum he paid for hire , deducting what would have been the expense of keep ...
... plaintiffs ( assignees of a bankrupt , ) after an action of trover had been commenced by them , and the plaintiffs ... plaintiff's horse when taken , and the sum he paid for hire , deducting what would have been the expense of keep ...
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Common terms and phrases
action afterwards agreement alleged amount appointment assignment assumpsit attorney authority bank bequest bill bond charge claim common law contract conveyance court court of chancery court of equity covenant coverture criminal damages death debt debtor decision declaration deed defendant delivered demurrer devised entitled equity evidence execution executors fact feme covert feme sole fraud fund given granted heir Held husband indictment indorser intention interest Iredell issue John Inman judge judgment jury land lease legacy legatee liable libel lord malice marriage matter ment mortgage notice opinion owner paid party payment person plaintiff plea pleaded possession principles promise proved purchase question received recover rent rule scire facias settlement sold statute statute of frauds sufficient suit tenant testator tion trespass trial trover trust unlawful assembly usufruct vendee vendor verdict Watts & Serg wife witness
Popular passages
Page 409 - Testament, in witness whereof I, the said Maurice Baum Senr, have to this my last Will and Testament Set my hand and Seal the Day and Year above written.
Page 44 - In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it. shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Page 23 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 485 - ... 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 322 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Page 43 - Malice, in common acceptation, means ill-will against a person ; but in its legal sense it means a wrongful act done intentionally without just cause or excuse.
Page 43 - ... aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
Page 279 - The daughter was unmarried at the date of the will, and at the death of the testator.
Page 453 - Their Lordships are of opinion that, in order to constitute a sound disposing mind, a testator must not only be able to understand that he is by his will giving the whole of his property to one object of his regard, but he must also have capacity to comprehend the extent of his property, and the nature of the claims of others, whom by his will he is excluding from all participation in that property...
Page 433 - ... children, who, being sons, should attain twenty-one, or, being daughters, should attain that age or marry...