The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volumen44Bancroft-Whitney, 1884 |
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Página 38
... evidence . of newly discovered evidence , and all like matters . Duress not only avoids all acts , but it also relieves from responsi- bility for crime . 1 Archb . Crim . Pr . 52 ; 1 Hale P. C. 56 ; 1 East P. C. 70. Necessity justifies ...
... evidence . of newly discovered evidence , and all like matters . Duress not only avoids all acts , but it also relieves from responsi- bility for crime . 1 Archb . Crim . Pr . 52 ; 1 Hale P. C. 56 ; 1 East P. C. 70. Necessity justifies ...
Página 41
... evidence . The question of the appellant's capacity is how- ever a circumstance of importance to be taken into consideration , in connection with his conduct when a plea was entered , as this was , under circumstances threatening great ...
... evidence . The question of the appellant's capacity is how- ever a circumstance of importance to be taken into consideration , in connection with his conduct when a plea was entered , as this was , under circumstances threatening great ...
Página 53
... evidence in the case they should find that the circumstances were such as to excite the fears of a reasonable man ... evidence , that the aggressor was actually about to commit a felony . To justify the defendant in this case it was not ...
... evidence in the case they should find that the circumstances were such as to excite the fears of a reasonable man ... evidence , that the aggressor was actually about to commit a felony . To justify the defendant in this case it was not ...
Página 54
... evidence , they must convict . But the testimony may have fallen short of such proof , and yet have been sufficient in itself , or in connection with the evidence of the prose- cution , to create a reasonable doubt of the defendant's ...
... evidence , they must convict . But the testimony may have fallen short of such proof , and yet have been sufficient in itself , or in connection with the evidence of the prose- cution , to create a reasonable doubt of the defendant's ...
Página 56
... evidence upon any material point . As we view it , there is none , except the bare fact of the discovery of the hides of the missing cattle in the defendant's barn , which militates in any degree against him . The assertion that the ...
... evidence upon any material point . As we view it , there is none , except the bare fact of the discovery of the hides of the missing cattle in the defendant's barn , which militates in any degree against him . The assertion that the ...
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Términos y frases comunes
action affirmed alleged appellant appellant's appellee apply attorney authority bank benefit cause charge child circumstances cited claim common carrier common law complaint condition consideration Constitution contract contributory negligence corporation counsel court court of equity coverture creditor criminal damages David Snyder deed defendant defendant's demurrer doctrine duty easement entitled equity error evidence executed facts fraud granted grantor ground guilty held highway Hong Kong husband indictment injury instruction intention judge jury land legislature liable marriage ment mortgage negligence nuisance opinion owner parties payment Penn person plaintiff had judgment plaintiff in error possession principle promise purchase question Railroad Company reason recover rendered replevin request rule Samuel G Samuel Garland says statute street sufficient supra surety sustained tenant testator tion town trial vendee vendor verdict warranty Wend wife Wolford writ
Pasajes populares
Página 344 - April, one thousand seven hundred and seventy-seven, which have not since expired, or been repealed or altered ; and such acts of the Legislature of this State as are now in force, shall be and continue the law of this State, subject to such alterations as the Legislature shall make concerning the same.
Página 165 - And the said applicant hereby covenants and agrees to and with the said Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...
Página 210 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Página 343 - In cases where they apply"; and also with section 914, providing that "the practice, pleadings and forms 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.
Página 447 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Página 372 - And as these two questions appear to us to be more conveniently answered together, we have to submit our opinion to be, that the jury ought to be told in all cases that every man is presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that, to establish a defence on the ground of insanity, it must be clearly proved, that at the time of the...
Página 535 - ... mistakes or delays in the transmission or delivery, or for nondelivery, of any unrepeated message, beyond fifty times the sum received for sending the same...
Página 428 - It is a part of every man's civil rights that he be left at liberty to refuse business relations with any person whomsoever, whether the refusal rests upon reason, or is the result of whim, caprice, prejudice, or malice.
Página 288 - Every devise of land, in any will hereafter made, shall be construed to convey all the estate of the devisor therein, which he could lawfully devise, unless it shall clearly appear, by the will, that the devisor intended to convey a less estate.
Página 689 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...