Transcript Appeals: The File of Opinions in Cases Argued Before the Court of Appeals of the State of New York During the January Term 1867 from Official Copies, Томове 3–4

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Страница 438 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Страница 93 - We may lay it down as a broad general principle that wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it
Страница 312 - A statement of any new matter constituting a defense or counterclaim, in ordinary and concise language, without repetition." See. 171. The counterclaim mentioned in the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several judgment might be had in the action, and arising out of one of the following causes of action: "1.
Страница 144 - Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law...
Страница 219 - If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Страница 200 - Know all men by these presents, that I, Zadoc Martin, of the county of Platte. and State of Missouri, for and in consideration of the sum of one dollar to me in hand paid...
Страница 502 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the constitution.
Страница 147 - ... have in view. Your object is to subjugate the Southern States, and a requisition made upon me for such an object — an object, in my judgment, not within the purview of the Constitution or the Act of 1795 — will not be complied with. You have chosen to inaugurate Civil War, and having done so, we will meet it in a spirit as determined as the Administration has exhibited toward the South.
Страница 246 - Where it requires the performance of any other act, a certified copy of the judgment may be served upon the party against whom it is given, or...
Страница 26 - And indeed, even in cases of felony at the common law, they are the weakest and most suspicious of all testimony : ever liable to be obtained by artifice, false hopes, promises of favor, or menaces ; seldom remembered accurately, or reported with due precision ; and incapable in their nature of being disproved by other negative evidence.

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