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, Volumen8Bancroft-Whitney, 1886 |
Dentro del libro
Resultados 1-5 de 79
Página 39
... ] . The mortgage to the plaintiff , then , being not void but void- able , we apprehend that the infant alone , or his legal repre- sentatives , are permitted to avoid it . The reason Sept. 1817. ] 39 ROBERTS v . WIGGIN .
... ] . The mortgage to the plaintiff , then , being not void but void- able , we apprehend that the infant alone , or his legal repre- sentatives , are permitted to avoid it . The reason Sept. 1817. ] 39 ROBERTS v . WIGGIN .
Página 40
... reason of the rule extends only to them , because , as before observed , the privilege is conferred for his sole benefit . While living he should be the exclusive judge of that benefit , and when dead those alone should interfere who ...
... reason of the rule extends only to them , because , as before observed , the privilege is conferred for his sole benefit . While living he should be the exclusive judge of that benefit , and when dead those alone should interfere who ...
Página 42
... reason why we should not adopt their decision ; for electors in this state are in the same situation , as to any other remedy , as the electors in that commonwealth . But notwithstanding we entertain the most entire respect for the ...
... reason why we should not adopt their decision ; for electors in this state are in the same situation , as to any other remedy , as the electors in that commonwealth . But notwithstanding we entertain the most entire respect for the ...
Página 61
... reason for creating the judicial distinct from the other legislative department , was that the former might determine when laws were thus " repugnant , " and so operate as a check upon the latter , and as a safeguard to the people ...
... reason for creating the judicial distinct from the other legislative department , was that the former might determine when laws were thus " repugnant , " and so operate as a check upon the latter , and as a safeguard to the people ...
Página 62
... reason which recommends the tenure of good behavior for judicial officers , militates against placing the judiciary ... reasons induce us to rest this opinion upon general principles ; but under this point it may not be unimportant to ...
... reason which recommends the tenure of good behavior for judicial officers , militates against placing the judiciary ... reasons induce us to rest this opinion upon general principles ; but under this point it may not be unimportant to ...
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Otras ediciones - Ver todas
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 |
Términos y frases comunes
according action admitted agreed agreement appears apply authority bank become bill bound bridges cause charge circumstances cited claim common consideration considered construction contract corporation court covenant creditor damages debt debtor decided decision deed defendant delivered demand devise directed discharge doctrine doubt duty effect entitled equity evidence execution existence express fact founded give given grant ground heirs held highways husband indorser intention interest issue Johns judge judgment jury justice land liable limitations Lord marriage Mass means mortgage nature necessary never notice objection obligation opinion owner paid parties passed payment person plaintiff possession present principle promise proved purchaser question reason received referred respect rule settled statute subsequent sufficient suit surety taken tion trial trust unless verdict void wife
Pasajes populares
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...
Página 577 - England by adopting the treaty ; but after the best consideration which I have been able to give to the subject...