American Law Magazine, Volume 2 |
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according action afterwards alien amount annuity appear applied appointed assignment authority bill bond brought cause chancery character charge cited claim common law consideration construction contained contract court creditors death debt decisions deed defendant delivered demand devise directed dower effect entitled equity evidence execution executors existence express fact give given granted heirs Held husband intention interest issue judge judgment justice land leaving letter limitation living lord matter means mortgage nature notice opinion paid party payment plaintiff plea pleaded possession practice present principal proved purchase question real estate reason received reference regard rent Reports respect rule says statute sufficient suit tail taken tenant term tion took trust United vols volume whole wife witness
Popular passages
Page 114 - That in any devise or bequest of real or personal estate, the words <die without issue,' or <die without leaving issue,' or < have no issue,' or any other words which may import either a want cr failure of issue, of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall...
Page 445 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.
Page 196 - Nothing can call forth this court into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the court is passive, and does nothing.
Page 396 - ... goods in the order and disposition of the bankrupt at the time of the bankruptcy, under 6 Geo.
Page 202 - Regulations of this description have always been considered, in every civilized community, as properly belonging to the remedy, to be exercised or not by every sovereignty, according to its own views of policy and humanity.
Page 346 - ALL the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt : the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable.
Page 222 - ... and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence.
Page 201 - If the laws of the State passed afterwards had done nothing more than change the remedy upon contracts of this description, they would be liable to no constitutional objection. For undoubtedly, a State may regulate at pleasure the modes of proceeding in its courts in relation to past contracts as well as future.
Page 356 - What is the law respecting alleged crimes committed by persons afflicted with insane delusion in respect of one or more particular subjects or persons; as, for instance, where at the time of the commission of the alleged crime, the accused knew he was acting contrary to law, but did the act complained of with a view, under the influence of insane delusion, of redressing or avenging some supposed grievance or injury, or of producing some supposed public benefit ?
Page 262 - Fame is the spur that the clear spirit doth raise (That last infirmity of noble mind) To scorn delights and live laborious days; But the fair guerdon when we hope to find, And think to burst out into sudden blaze, Comes the blind Fury with the abhorred shears, And slits the thin-spun life. "But not the praise...