The American Jurist and Law Magazine, Volume 8Freeman & Bolles, 1832 - Law |
From inside the book
Results 1-5 of 80
Page 5
... claims the precedence in evil . As before remarked , misdecision ensues whenever evidence necessary to instruct the judge is rejected . Exclude the truth , and he must decide erroneously . If all testimony were shut out , that of ...
... claims the precedence in evil . As before remarked , misdecision ensues whenever evidence necessary to instruct the judge is rejected . Exclude the truth , and he must decide erroneously . If all testimony were shut out , that of ...
Page 6
... claim can be substan- tiated , is excluded , the extreme of judicial evil is endured . Exclude the evidence of the parties in their own favor , it being the only existing proof , you take from them the means of ob- taining , you deny ...
... claim can be substan- tiated , is excluded , the extreme of judicial evil is endured . Exclude the evidence of the parties in their own favor , it being the only existing proof , you take from them the means of ob- taining , you deny ...
Page 12
... claim ; if the defence be righteous the claim is unjust . The parties being at issue , both cannot , as to each disputed fact , be in the wrong , and the statements of both will not be untrue . Interest will retain the party in the ...
... claim ; if the defence be righteous the claim is unjust . The parties being at issue , both cannot , as to each disputed fact , be in the wrong , and the statements of both will not be untrue . Interest will retain the party in the ...
Page 16
... claim . Suppose the tes- timony of a party adverse to his own interest is required . The reasons for exclusion are different . Here the testimony of the party will be true or believed to be true , there is no fear of intentional ...
... claim . Suppose the tes- timony of a party adverse to his own interest is required . The reasons for exclusion are different . Here the testimony of the party will be true or believed to be true , there is no fear of intentional ...
Page 18
... claim of the party thus refusing . In certain cases the judge deferred the oath to either party , when the proof seemed not sufficient to warrant a decision . In certain cases , too , the party was examined , after obtaining an order ...
... claim of the party thus refusing . In certain cases the judge deferred the oath to either party , when the proof seemed not sufficient to warrant a decision . In certain cases , too , the party was examined , after obtaining an order ...
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Common terms and phrases
action ad valorem admission admitted alleged amount assignment assumpsit authority Bank bill bond capital stock cargo cause cents chancery charter-party cited claim common law considered contract conveyance corporation Court of Chancery court of equity creditors damage debt debtor decision declaration deed defendant delivered demurrer detinue doctrine duty entitled equity evidence execution fact favor feme covert fraud freight Gill & Johnson held incorporated indictment interest issue judge judgment jurisdiction jury justice land legislature liable Lord Lord Mansfield matter ment non est factum offence opinion owner paid party payment perjury person plaintiff plea pleading possession principle promissory note proof prove provisions purpose question reason received recover replevin Reports rule sheriff slaves statute sufficient suit Supreme Court surety testimony thereof tion trespass trial United vessel VIII.-NO Wend witness writ of right
Popular passages
Page 428 - No mortgage of personal property hereafter made shall be valid against any other person than the parties thereto, unless possession of the mortgaged property be delivered to and retained by the mortgagee, or unless the mortgage be recorded by the clerk of the town where the mortgagor resides.
Page 372 - States,' in those of equity and in those of admiralty and maritime jurisdiction, according to the principles, rules and usages which belong to courts of equity and to courts of admiralty respectively, as contradistinguished from courts of common law...
Page 298 - But this must be understood with very many and very great restrictions. 'Such colonists carry with them only so much of the English law as is applicable to their own situation and the condition of an infant colony.
Page 372 - They interfere forcibly with the relations established between the United States and the Cherokee nation, the regulation of which, according to the settled principles of our Constitution, are committed exclusively to the government of the Union.
Page 373 - He was apprehended, tried, and condemned, under color of a law which has been shown to be repugnant to the constitution, laws, and treaties of the United States. Had a judgment, liable to the same objections, been rendered for property, none would question the jurisdiction of this court. It cannot be less clear when the judgment affects personal liberty, and inflicts disgraceful punishment, if punishment could disgrace when inflicted on innocence. The plaintiff in error is not less interested in...
Page 320 - The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance.
Page 474 - That an addition of ten per centum shall be made to the several rates of duties by this act imposed, in respect to all goods, wares and merchandise, on the importation of which, in American or foreign vessels, a specific discrimination has not already been made, which, from and after the third day of March, aforesaid, shall be imported in ships or vessels not of the United States...
Page 423 - The judges of the circuit and district courts shall not allow any bill of exceptions which shall contain the charge of the court at large to the jury in trials at common law, upon any general exception to the whole of such charge. But the party excepting shall be required to state distinctly the several matters of law in such charge to which he excepts; and those matters of law, and those only, shall be inserted in the bill of exceptions and allowed by the court.
Page 231 - AN ANALYTICAL DIGEST of the Reports of Cases decided in the Courts of Common Law and Equity, of Appeal and Nisi Prius, and in the Ecclesiastical Courts, in the year 1851.
Page 373 - The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no. force...