The Southern Law Review: And Chart of the Southern Law and Collection Union, Τόμος 3Roberts & Purvis, 1877 |
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Σελίδα 37
... contracts which , at the common law , would have been perfectly legal and valid . Remove the statute , and what impediment remains to the enforcement of such a contract ? All the elements of a recovery then exist — an agreement of minds ...
... contracts which , at the common law , would have been perfectly legal and valid . Remove the statute , and what impediment remains to the enforcement of such a contract ? All the elements of a recovery then exist — an agreement of minds ...
Σελίδα 38
... contract , how can the repeal of the statute bring a contract into existence ? The general rule unquestionably is , that a negotiation between parties must depend for its validity and construction upon the law in force at the time when ...
... contract , how can the repeal of the statute bring a contract into existence ? The general rule unquestionably is , that a negotiation between parties must depend for its validity and construction upon the law in force at the time when ...
Σελίδα 39
... contract where no contract existed before , has almost invariably been put aside as unsound . The legislature , it is said , is only furthering the apparent design and purpose of the parties when it removes the statutory impediment to ...
... contract where no contract existed before , has almost invariably been put aside as unsound . The legislature , it is said , is only furthering the apparent design and purpose of the parties when it removes the statutory impediment to ...
Σελίδα 40
... contract , but it expressly assumes to validate the contracts attempted before . The question , therefore , does not arise on a mere repealing statute , and , consequently , the cases do not conflict with what has above been said — that ...
... contract , but it expressly assumes to validate the contracts attempted before . The question , therefore , does not arise on a mere repealing statute , and , consequently , the cases do not conflict with what has above been said — that ...
Σελίδα 41
... contract of a married woman , however , or of an infant , entered into after he had arrived at an age when only the statutory impediment could stand in the way of his acting independently , might , as we think , be validated.19 What has ...
... contract of a married woman , however , or of an infant , entered into after he had arrived at an age when only the statutory impediment could stand in the way of his acting independently , might , as we think , be validated.19 What has ...
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Σελίδα 436 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Σελίδα 963 - The practice, pleadings and forma and modes of proceeding in civil causes, other than equity and admiralty causes, in the Circuit and District Courts, shall conform, as near as may be, to the practice, pleadings and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such Circuit or District Courts are held, any rule of court to the contrary notwithstanding.
Σελίδα 81 - The question whether an act repugnant to the Constitution can become the law of the land is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles supposed to have been long and well established to decide it.
Σελίδα 464 - ... to establish a defense on the ground of insanity, it must be clearly proved, that, at the time of committing the act, the party accused was laboring 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.
Σελίδα 644 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Σελίδα 17 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.
Σελίδα 11 - ... shall, at the time of entering his appearance in such state court, file a petition for the removal of the cause for trial, into the next circuit court, to be held in the district where the suit is pending...
Σελίδα 137 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Σελίδα 381 - In other countries, the people, more simple and of a less mercurial cast, judge of an ill principle in government only by an actual grievance. Here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance ; and snuff the approach of tyranny in every tainted breeze.
Σελίδα 979 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.