The American Jurist and Law Magazine, Том 4Freeman & Bolles, 1830 |
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Страница 50
... equity court at different periods , as it had this similarity of origin , it always has been a member of the same system , and has been variously modeled by the plastic power of custom , ( a ) to be ancillary to the common law courts ...
... equity court at different periods , as it had this similarity of origin , it always has been a member of the same system , and has been variously modeled by the plastic power of custom , ( a ) to be ancillary to the common law courts ...
Страница 55
... equity and expediency . This is the legislative power of the courts of common law , which is as arbitrary within its sphere as any other , and which they have perpetually maintained in all their nice distinctions , which are so many ...
... equity and expediency . This is the legislative power of the courts of common law , which is as arbitrary within its sphere as any other , and which they have perpetually maintained in all their nice distinctions , which are so many ...
Страница 57
... court of equity , which was transformed by the social necessity into an instrument of reform with respect to some subjects , which otherwise the common law would have effected by the contrivance of some other fiction , as they used to ...
... court of equity , which was transformed by the social necessity into an instrument of reform with respect to some subjects , which otherwise the common law would have effected by the contrivance of some other fiction , as they used to ...
Страница 58
... law ; but so long as the rules relating to it were regulated according to the technical rules of real property by the com- mon law , it answered its purpose ( which was in a degree commercial , ) very ill , until the courts of equity ...
... law ; but so long as the rules relating to it were regulated according to the technical rules of real property by the com- mon law , it answered its purpose ( which was in a degree commercial , ) very ill , until the courts of equity ...
Страница 75
... courts of law or of equity , on muni- cipal obligation merely ; as when a contract is made in one nation and its performance enforced in another . For instance , A of London and B of Boston meet in China , do business there , and A ...
... courts of law or of equity , on muni- cipal obligation merely ; as when a contract is made in one nation and its performance enforced in another . For instance , A of London and B of Boston meet in China , do business there , and A ...
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Страница 199 - God wills us free ; — man wills us slaves. I will as God wills ; God's will be done. Here lies the body of JOHN JACK A native of Africa who died March, 1773, aged about sixty years.
Страница 86 - States, by the appointment of an impartial tribunal, to decide disputes between the state and federal judiciary, have had the same under their consideration, and are of opinion, that a tribunal is already provided, by the constitution of the United States...
Страница 315 - The people shall have the right freely to assemble together, to consult for the common good, to instruct their representatives, and to petition the legislature for redress of grievances.
Страница 7 - It is a melancholy truth, that, among the variety of actions which men are daily liable to commit, no less than a hundred and sixty have been declared, by act of parliament, to be felonies without benefit of clergy ; or, in other words, to be worthy of instant death.
Страница 74 - And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts, or engagements, bona fide, and without fraud previously formed.
Страница 84 - The Judicial power of the United States extends to all cases in law and equity, arising under the constitution, the laws of the United States...
Страница 152 - In all controversies concerning property, and in all suits between two or more persons, except in cases in which it has heretofore been otherways used and practised, the parties have a right to a trial by jury; and this method of procedure shall be held sacred, unless, in causes arising on the high seas, and such as relate to mariners' wages, the legislature shall hereafter find it necessary to alter it.
Страница 12 - ... imprisonment. The news of this sentence having reached the accomplice in his retreat, he immediately returned, and surrendered himself to take his trial at the next assizes. The next assizes came ; but, unfortunately for the prisoner, it was a different judge who presided ; and still more unfortunately, Mr. Justice Gould, who happened to be the judge, though...
Страница 83 - We, the people of the United States, do ordain and establish this Constitution.
Страница 86 - State and federal judiciary, have had the same under their consideration, and are of opinion that a tribunal is already provided by the constitution of the United States, to wit : The Supreme Court, more eminently qualified, from their habits and duties, from the mode of their selection, and from the tenure of their offices, to decide the disputes aforesaid in an enlightened and impartial manner, than any other tribunal which could be created.