The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Τόμος 58

Εξώφυλλο
Bancroft-Whitney, 1886
 

Περιεχόμενα

Άλλες εκδόσεις - Προβολή όλων

Συχνά εμφανιζόμενοι όροι και φράσεις

Δημοφιλή αποσπάσματα

Σελίδα 147 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void ; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Σελίδα 329 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity ; namely, the enjoyment of life and liberty, •with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Σελίδα 327 - It may well be doubted whether the nature of society and of government does not prescribe some limits to the legislative power; and if any be prescribed, where are they to be found if the property of an individual, fairly and honestly acquired, may be seized without compensation.
Σελίδα 132 - But suppose administration to be granted on the estate of a person not really dead. The act, all will admit, is totally void. Yet the ordinary must always inquire and decide whether the person, whose estate is to be committed to the care of others, be dead or in life.
Σελίδα 787 - In all criminal prosecutions, the accused shall have a right to be heard by himself and his counsel...
Σελίδα 631 - The powers of the Government of the State of Texas shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy — to wit, those which are Legislative to one, those which are Executive to another, and those which are Judicial to another...
Σελίδα 787 - ... trials by martial law or impeachment, by a jury of the vicinity. He shall not be compelled to furnish or give evidence against himself, nor be deprived of his life,, liberty, 'property, or privileges, but by judgment of his peers, or the law of the land.
Σελίδα 631 - No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except...
Σελίδα 392 - ... in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or otIn proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Σελίδα 284 - A man may repel force by force, in defense of his person, habitation, or property, against one who manifestly intends or endeavors, by violence or surprise, to commit a known felony, such as murder, rape, robbery, arson, burglary, and the like, upon either. In these cases he is not obliged to retreat, but may pursue his adversary until he has secured himself from all danger...

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