The Law Magazine: Or, Quarterly Review of Jurisprudence, Volume 28Saunders and Benning, 1842 |
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Page 2
... judgment , objected to the indictment , urging that it did not appear therein whose child had been murdered ; that the infant was not described by any name ; that the averment that he was " not baptized , " accounted for the omission of ...
... judgment , objected to the indictment , urging that it did not appear therein whose child had been murdered ; that the infant was not described by any name ; that the averment that he was " not baptized , " accounted for the omission of ...
Page 4
... judgment of such Court or judge not material to the merits of the case , and by which the opposite party cannot have been prejudiced in the conduct of his action , prosecution or defence , to be forthwith amended by some officer of the ...
... judgment of such Court or judge not material to the merits of the case , and by which the opposite party cannot have been prejudiced in the conduct of his action , prosecution or defence , to be forthwith amended by some officer of the ...
Page 11
... judgment remains in full force and effect , and then that the offences and the parties charged with their commission are identically the same in the two indictments , and this too , though the prisoner has no right to a copy of the ...
... judgment remains in full force and effect , and then that the offences and the parties charged with their commission are identically the same in the two indictments , and this too , though the prisoner has no right to a copy of the ...
Page 19
... judgment is affirmed or arrested . No reasons are given for the judgments pronounced . We conceive that this system is in every respect faulty : first , we cannot see the necessity of making the fifteen judges assemble to decide a ...
... judgment is affirmed or arrested . No reasons are given for the judgments pronounced . We conceive that this system is in every respect faulty : first , we cannot see the necessity of making the fifteen judges assemble to decide a ...
Page 20
... judgment . Almost as important is it to satisfy the profession and the country , which awaits to gather the law , the rule of their con- duct in advising or in acting , from the lips of the judge . * * * With an enlightened bar , and an ...
... judgment . Almost as important is it to satisfy the profession and the country , which awaits to gather the law , the rule of their con- duct in advising or in acting , from the lips of the judge . * * * With an enlightened bar , and an ...
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Common terms and phrases
action affidavit agreement alleged amend appear applied appointed arbitrator assignment assumpsit authority award bankrupt bankruptcy barrister bill bill of exchange bond borough bottomry Carr cause certiorari charge chose in action clerk colony commissioners common law contract conveyance costs Court court of equity covenant creditor crown debt declaration deed defendant defendant's demurrer discharged donor entitled evidence execution executors fiat give granted Held Hightown indictment indorsed Insolvent Interpleader issue judge judgment jurisdiction jury justices king land lease liable Lord Lord Chancellor Lord Eldon mandamus matter ment mortgage notice objection offence overseers paid parish party payment person petition plaintiff plea pleaded possession Practice premises prisoner proceedings provisions purchaser quarter sessions question refused rent respect rule Scott sessions stat statute Statute of Frauds sufficient tenant term testator tion trial trustees Vict writ
Popular passages
Page 512 - To abstract the mind from all local emotion would be impossible, if it were endeavoured, and would be foolish, if it were possible. Whatever withdraws us from the power of our senses ; whatever makes the past, the distant, or the future predominate over the present, advances us in the dignity of thinking beings.
Page 36 - The mountain sheep are sweeter, But the valley sheep are fatter ; We therefore deemed it meeter To carry off the latter. We made an expedition ; We met a host, and quelled it ; We forced a strong position, And killed the men who held it.
Page 144 - 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 ; such, for instance, as the general rules of inheritance, and of protection from per- . sonal injuries.
Page 160 - Keb., 115, 132, which was an action by the indorsee against the drawer of a bill of exchange. 'The...
Page 36 - Spilt blood enough to swim in : We orphaned many children, And widowed many women. The eagles and the ravens We glutted with our foemen : The heroes and the cravens, The spearmen and the bowmen. ~ We brought away from battle, And much their land bemoaned them, Two thousand head of cattle, And the head of him who owned them : Ednyfed, King of Dyfed, His head was borne before us ; His wine and beasts supplied our feasts, And his overthrow, our chorus.
Page 434 - The defendant also pleaded, that the plaintiff's cause of action did not accrue within six years before the commencement of the suit.
Page 492 - An Act to defray the Charge of the Pay, Clothing, and contingent and other Expenses of the Disembodied Militia in Great Britain and Ireland ; to grant Allowances in certain Cases to Subaltern Officers, Adjutants, Paymasters, Quartermasters, Surgeons, Assistant Surgeons, Surgeons Mates, and Serjeant Majors of the Militia ; and to authorize the Employment of the Non-commissioned Officers.
Page 210 - The first count of the declaration, upon which alone the question arises, stated that, in consideration that the plaintiff, at the request of the defendant, had bought of the defendant a horse for the sum of £30, the defendant promised that it was sound and free from vice.
Page 282 - ... every man who prefers freedom to a life of slavery will bless and honor you as men who have baffled the attempt of tyranny; and by an impartial and uncorrupt verdict, have laid a noble foundation for securing to ourselves, our posterity, and our neighbors that to which nature and the laws of our country have given us a right — the liberty — both of exposing and opposing arbitrary power (in these parts of the world, at least) by speaking and writing truth.
Page 492 - King George the Fourth, for providing for the Government of His Majesty's Settlements in Western Australia on the Western Coast of New Holland.