Albany Law Journal, Volume 24Weed, Parsons & Company, 1881 |
From inside the book
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Page 13
... evidence that accused did not shed tears on the morning of the mur- der , and that in reply to a remark that it was a sad affair at his house , he said , " Yes , I had a load of oats stolen , " was admissible as showing the feeling of ...
... evidence that accused did not shed tears on the morning of the mur- der , and that in reply to a remark that it was a sad affair at his house , he said , " Yes , I had a load of oats stolen , " was admissible as showing the feeling of ...
Page 22
... evidence in this State . The Governor wisely says : " Every shade of evidence is given to court and jury for whatever it may be worth . " " A reversal now should not be permitted , except as the result of wise and mature deliberation ...
... evidence in this State . The Governor wisely says : " Every shade of evidence is given to court and jury for whatever it may be worth . " " A reversal now should not be permitted , except as the result of wise and mature deliberation ...
Page 37
... EVIDENCE - EXEMPLIFIED COPY OF PATENT . — exemplification of the record of a patent from the United States showing that the patent was signed by the President , by his initials , and countersigned by the commissioner of the general land ...
... EVIDENCE - EXEMPLIFIED COPY OF PATENT . — exemplification of the record of a patent from the United States showing that the patent was signed by the President , by his initials , and countersigned by the commissioner of the general land ...
Page 49
... evidence pro- duced . The question in either case must be whether the facts upon which it is called to instruct the jury be clearly established . If a doubt exists as to the state- ment of counsel , the court will withhold its ...
... evidence pro- duced . The question in either case must be whether the facts upon which it is called to instruct the jury be clearly established . If a doubt exists as to the state- ment of counsel , the court will withhold its ...
Page 50
... evidence is received . But as already stated , it cannot make any difference as to the power of the court whether the facts be de- veloped by the evidence or be admitted by counsel . In Merchants ' Bank v . State Bank it appeared that ...
... evidence is received . But as already stated , it cannot make any difference as to the power of the court whether the facts be de- veloped by the evidence or be admitted by counsel . In Merchants ' Bank v . State Bank it appeared that ...
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Popular passages
Page 112 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 28 - And the Lord God caused a deep sleep to fall upon Adam, and he slept: and he took one of his ribs, and closed up the flesh instead thereof. And the rib which the Lord God had taken from man, made he a woman, and brought her unto the man.
Page 145 - States provides that the Congress shall have power — To coin money, regulate the value thereof, and of foreign coin, and fix the standard' of weights and measures: To provide for the punishment of counterfeiting the securities and current coin of the United States.
Page 28 - If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her. And it shall be, that the firstborn which she beareth shall succeed in the name of his brother which is dead, that his name be not put out of Israel.
Page 145 - Of all crimes and offenses cognizable under the authority of the United States.
Page 248 - I said, there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose, that white is black, and black is white, according as they are paid.
Page 44 - Every mechanic, or other person who shall do any labor upon, or furnish any materials, machinery or fixtures for any building, erection or other improvement upon land, including those engaged in the construction or repair of any work of internal improvement, by virtue of any contract with the owner, his agent, trustee, contractor, or sub-contractor...
Page 307 - In all other cases,' he says, 'it is a general and indisputable rule that where there is a legal right, there is also a legal remedy by suit or action at law, whenever that right is invaded.
Page 334 - ... the debts due to the United States shall be first satisfied ; and the priority established shall extend as well to cases in which a debtor, not having sufficient property to pay all his debts, makes a voluntary assignment thereof, or in which the estate and effects of an absconding, concealed, or absent debtor arc attached by process of law, as to cases in which an act of bankruptcy is committed.
Page 247 - Patience and gravity of hearing is an essential part of justice; and an overspeaking judge is no well-tuned cymbal. It is no grace to a judge first to find that which he might have heard in due time from the bar; or to show quickness of conceit in cutting off evidence or counsel too short; or to prevent information by questions, though pertinent.