The Southern Law Review, Svazek 1Soule, Thomas & Wentworth, 1875 |
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Strana 13
... in his view , the remedies best adapted to counteract the evils in question . He refers to a marked distinction between the English and French intellect , which he attributes to the greater influence MODERN THEORIES OF GOVERNMENT . 13.
... in his view , the remedies best adapted to counteract the evils in question . He refers to a marked distinction between the English and French intellect , which he attributes to the greater influence MODERN THEORIES OF GOVERNMENT . 13.
Strana 14
... distinction been always characteristic of the two races ? " We may say of the English , " he remarks , " that the human in- tellect , tears itself , with regret and grief , from the contempla- tion of particular facts in order to ascend ...
... distinction been always characteristic of the two races ? " We may say of the English , " he remarks , " that the human in- tellect , tears itself , with regret and grief , from the contempla- tion of particular facts in order to ascend ...
Strana 45
... distinction ; whether it is not purely artificial and conventional , and ought not to be promptly abrogated in an enlightened age , and in a country of which progress and reform are the cardinal maxims and watchwords . It will be ...
... distinction ; whether it is not purely artificial and conventional , and ought not to be promptly abrogated in an enlightened age , and in a country of which progress and reform are the cardinal maxims and watchwords . It will be ...
Strana 46
that the distinction in question , whether just or unjust , wise or foolish , could not well be more emphatically enforced than in the case above referred to . A party plaintiff , showing a perfectly equitable claim against the party ...
that the distinction in question , whether just or unjust , wise or foolish , could not well be more emphatically enforced than in the case above referred to . A party plaintiff , showing a perfectly equitable claim against the party ...
Strana 48
... distinction between law and equity immediately suggested by the judgment of Chief Justice Waite , relates to the matter of parties in those respective courts . First , the parties in a court of law . Is it right that there should be ...
... distinction between law and equity immediately suggested by the judgment of Chief Justice Waite , relates to the matter of parties in those respective courts . First , the parties in a court of law . Is it right that there should be ...
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admitted adopted alleged appear applied authority bench bill cause of action Chancery Chief Justice child cited civil Coke common law Congress constitution contract corporation counsel damages death deceased decided decisions declared defendant doctrine donatio mortis causa doubt duties election England English law entitled equity evidence existence fact favor give ground held husband injury interest Iowa Joseph Guibord judge Judge Child judgment judicial jurisdiction jurisprudence jury Justinian land lawyer learning legislation legislature liable libel Lord Lord Campbell Lord Eldon marriage matter ment Mississippi natural negligence never obligation opinion party person plaintiff plea pleading possession practice principles privity profession published question railway reason recover reference remedy reports respect Roman law rule seems statute statute of frauds Supreme Court tion treatise trial United volume Wharton wife words
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Strana 745 - At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
Strana 695 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Strana 691 - ... in every such action the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought...
Strana 195 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Strana 202 - There are limitations on such power which grow out of the essential nature of all free governments. Implied reservations of individual rights, without which the social compact could not exist, and which are respected by all governments entitled to the name.
Strana 696 - When the death of one is caused by the wrongful act or omission of another, the personal representatives of the former may maintain an action therefor against the latter, if the former might have maintained an action had he lived, against the latter, for an injury for the same act or omission.
Strana 694 - When the death of a person not being a minor, or when the death of a minor person who leaves surviving him either a husband or wife or child or children, is caused by the wrongful act or neglect of another, his heirs or personal representatives may maintain an action for damages against the person causing the death...
Strana 692 - ... then and in every such case, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Strana 692 - PL 151, provides, in section 1, " that whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued, have entitled the party injured to maintain an action, and recover damages in respect thereof...
Strana 486 - THE REIGN OF QUEEN ELIZABETH ; to which are prefixed, Examples of earlier Proceedings in that Court from Richard II. to Elizabeth, from the originals in the Tower. Edited by JOHN BAYLEY, Esq. Vols. 2 and 3 (1830 — 1832), folio, boards, price 21s.