The Law Magazine Or Quarterly Review of Jurisprudence, Volume 55Saunders and Benning, 1856 |
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Página 129 - ... 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 labouring 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.
Página 178 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Página 38 - Implied are such as reason and justice dictate, and which therefore the law presumes that every man undertakes to perform.
Página 183 - Report of Her Majesty's Commissioners for inquiring into the Process, Practice and System of Pleading in the Superior Courts of Common Law, &c.
Página 116 - Judge appear and defend, on filing an affidavit showing that he is in possession of the land either by himself or his tenant.
Página 128 - What are the proper questions to be submitted to the jury, where a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?" And thirdly: "In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Página 105 - Passengers on the Road Stations will only be Booked conditionally ; that is to say, in case there shall be room in the Train for which they are Booked.
Página 42 - In the interesting little book the title of which we have placed at the head of this article, the working class mainly means the factory class of Lancashire and Yorkshire and the skilled artizan of our large towns.
Página 34 - Post genera contractuum enumerata dispiciamus etiam de his obligationibus, quae non proprie quidem ex contractu nasci intelleguntur, sed tamen, quia non ex maleficio substantiam capiunt, quasi ex contractu nasci videntur.
Página 129 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...