Law Miscellanies: Containing an Introduction to the Study of the Law: Notes on Blackstone's Commentaries, Shewing the Variations of the Law of Pennsylvania from the Law of England, and what Acts of Assembly Might Require to be Repealed Or Modified; Observations on Smith's Edition of the Laws of Pennsylvania; Strictures on Decisions of the Supreme Court of the United States, and on Certain Acts of Congress, with Some Law Cases, and a Variety of Other Matters, Chiefly Original |
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Page 57
... grant- ing new trials , certain it is that even where a judge lays down the law , speaking of decisions , it ought to be sparing- ly said , we are bound by it . For though even a series of de- cisions may amount to a moral certainty of ...
... grant- ing new trials , certain it is that even where a judge lays down the law , speaking of decisions , it ought to be sparing- ly said , we are bound by it . For though even a series of de- cisions may amount to a moral certainty of ...
Page 58
... grants a new trial contrary to his own direc- tion at nisi prius , misled as he alleges by cases ; and though strongly struck at the time , that upon general principles the bearing of them was against law and justice . He did no always ...
... grants a new trial contrary to his own direc- tion at nisi prius , misled as he alleges by cases ; and though strongly struck at the time , that upon general principles the bearing of them was against law and justice . He did no always ...
Page 74
... Grant it , but still it is an extreme . There are cases of construction where a change cannot be made without the interposition of the legislature ; as where such construction has become a rule of property , or contract ; and so in fact ...
... Grant it , but still it is an extreme . There are cases of construction where a change cannot be made without the interposition of the legislature ; as where such construction has become a rule of property , or contract ; and so in fact ...
Page 95
... grants ; so that , in a survey of 300 acres , 18 were allowed ; hence it is that the surveys are made , and returned into the surveyor gene- ral's office as containing 300 acres , and allowance . The demesne as of fee ; or the jus ...
... grants ; so that , in a survey of 300 acres , 18 were allowed ; hence it is that the surveys are made , and returned into the surveyor gene- ral's office as containing 300 acres , and allowance . The demesne as of fee ; or the jus ...
Page 117
... grant has been made ; or that the claimant has relinquished or abandoned . It is for the security of improvident individuals , that there should be a limitation of time , because the evidence of title may be lost or of money paid , or ...
... grant has been made ; or that the claimant has relinquished or abandoned . It is for the security of improvident individuals , that there should be a limitation of time , because the evidence of title may be lost or of money paid , or ...
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Common terms and phrases
act of assembly action admit appear application assize authority called cause chief justice claim common law common pleas commonwealth considered constitution construction contract contrary costs counsel court of chancery damages debt debtor decisions declaration defendant dower duty England English statutes evidence execution executors extended fact favour fee simple fieri facias force fraud give given Gorgas ground indictment intention intestate John Weiss judges judgment judicial jurisdiction jury lands law of England legislature levy Livezey lord Lord Mansfield mandamus matter mean ment mind nature necessary nisi prius nuisance officers opinion particular party peace Pennsylvania person plaintiff principle proceedings prosecution province purchaser question quo warranto real estate reason respect rule sentence sheriff shew sion stare decisis suit supposed supreme court taken term testator thing tion trial United verdict warrant whole words writ of error
Popular passages
Page 513 - Others apart sat on a hill retired, In thoughts more elevate, and reasoned high Of Providence, Foreknowledge, Will, and Fate— Fixed fate, free will, foreknowledge absolute — And found no end, in wandering mazes lost.
Page 309 - That all the before-mentioned courts of the United States shall have power to issue writs of scire facias, habeas corpus, and all other writs not specially provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the principles and usages of law.
Page 111 - No person shall, for the same offence, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
Page 285 - ... that he will support the Constitution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign prince, potentate, state or sovereignty whatever, and particularly, by name, the prince, potentate, state or sovereignty whereof he was before a citizen or subject; which proceedings shall be recorded by the clerk of the court.
Page 43 - 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 personal injuries.
Page 200 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 314 - That there shall be no future confiscations made, nor any prosecutions commenced against any person or persons, for or by reason of the part which he or they may have taken in the present War ; and that no person shall on that account suffer any future loss or damage either in his person, liberty, or property...
Page 166 - That all leases, estates, interests of freehold, or terms of years, or any uncertain interest of, in, to or out of any messuages, manors, lands, tenements, or hereditaments, made or created by livery and seisin only, or by parol, and not put in writing, and signed by the parties so making or creating the same, or their agents thereunto lawfully authorised by writing, shall have the force and effect of leases or estates at will only...