Albany Law Journal, Volume 1Weed, Parsons & Company, 1870 |
Contents
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Common terms and phrases
action Albany alleged amended appointed arrest attorney Austin Abbott authority bench bill cause charge Circuit and Oyer claim client Code committed common law Congress Constitution contract counsel Court of Appeals court of equity creditor Daudin debt decision declared deed defendant district duty entitled equity evidence execution fact give held honor indorser injury insanity IRVING BROWNE issue John judge judgment judicial judiciary jury justice land lawyer legal tender legislation Legislature liable Lord Lord Mansfield ment Monday mortgage notice opinion Oyer and Terminer party payment person plaintiff plead possession practice prisoner privilege proceedings profession promissory note purchase question railroad reason received recover rendered rule Special Term statute statute of frauds suit Supreme Court testator thing tion trial trust verdict warrant wife witness writ York
Popular passages
Page 50 - I said, there was a society of men among us, bred up from their youth in the art of proving by words multiplied for the purpose, that white is black, and black is white, according as they are paid.
Page 326 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 346 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 133 - Congress a power to lay and collect taxes, duties, imposts, and excises ; to pay the debts, and provide for the common defence, and general welfare of the United States, and to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the Government of the United States...
Page 73 - In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance ; here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance ; and snuff the approach of tyranny in every tainted breeze.
Page 53 - Be not too tame neither, but let your own discretion be your tutor: suit the action to the word, the word to the action; with this special observance, that you o'erstep not the modesty of nature : for any thing so overdone is from the purpose of playing, whose end, both at the first and now, was and is, to hold, as 'twere, the mirror up to nature; to show virtue her own feature, scorn her own image, and the very age and body of the time his form and pressure.
Page 21 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Page 120 - The rule of the common law is, that where a party sustains a loss by reason of a breach of contract, he is, so far as money can do it, to be placed in the same situation, with respect to damages, as if the contract had been performed.
Page 327 - Say not thou, What is the cause that the former days were better than these? for thou dost not inquire wisely concerning this.
Page 324 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.