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The American Decisions: Containing All the Cases of General Value ..., Volumen83
Vista completa - 1887
The American Decisions: Containing All the Cases of General Value ..., Volumen37
Vista completa - 1886
The American Decisions: Containing All the Cases of General Value ..., Volumen62
Vista completa - 1886
according action admitted adverse possession agreement amount appears apply authority bank bill bound cause charge circumstances cited claim common consideration considered construction contract corporation court covenant creditor damages debt decided decision deed defendant delivered demand devise direct doctrine dollars doubt duty effect entitled equity evidence execution existing express fact give given grant ground heirs held hundred husband indorser intention interest issue Johns judge judgment jury justice land limitations Lord marriage Mass matter means mortgage nature necessary notice objection opinion owner paid parties passed payment person plaintiff possession present principle promise proved purchaser question reason received recover reference respect rule settled settlement statute subsequent sufficient suit surety taken tion trial trust unless verdict void whole wife
Página 55 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature declared in its statutes, stands in opposition to that of the people declared in the constitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 48 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith...
Página 661 - In form it is a fiction : in substance, a remedy to recover the value of personal chattels wrongfully converted by another to his own use.
Página 54 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 54 - ... Legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the Representatives of the People are superior to the People themselves ; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.
Página 251 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Página 668 - Accordingly, it would seem to be a sound rule of law, that wherever a corporation is acting within the scope of the legitimate purposes of its institution, all parol contracts made by its authorized agents, are express promises of the corporation ; and all duties imposed on them by law, and all benefits conferred at their request, raise implied promises, for the enforcement of which an action may well lie.
Página 220 - ... be liable on the warranty, because the servant was acting within the general scope of his authority, and the public cannot be supposed to be cognizant of any private conversation between the master and...
Página 331 - ... that the will of the giver according to the form in the deed of gift manifestly expressed shall be from henceforth observed...