The Study of Cases: A Course of Instruction in Reading and Stating Reported Cases, Composing Head-notes and Briefs, Criticising and Comparing Authorities, and Compiling Digests

Little, Brown,and Company, 1894 - 333 páginas

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Página 194 - The law charges this person thus intrusted to carry goods against all events but acts of God and of the enemies of the King. For though the force be never so great, as if an irresistible multitude of people should rob him, nevertheless he is chargeable.
Página 161 - State and the city and were issued for the benefit of the public and not for the benefit of the...
Página 89 - Nihil quod est contra rationem est licitum; for reason is the life of the law, nay the common law itself is nothing else but reason...
Página 309 - The sound and true rule is, that if the contract, when made, was valid by the laws of the state as then expounded by all departments of the government, and administered in its courts of justice, its validity and obligation cannot be impaired by any subsequent action of legislation or decision of its courts, altering the construction of the law.
Página 199 - By the nature of his contract, he is liable for all due care and diligence; and for any negligence he is suable on his contract. But there is a further degree of responsiblity by the custom of the realm, that is, by the common law; a carrier is in the nature of an insurer.
Página 220 - The relation of master and servant as commonly exemplified in actions brought against the master is not sufficient ; and the general proposition that a person 'shall be answerable for any injury which arises in carrying into execution that which he has employed another to do seems to be too large.
Página 197 - THE law chargeth no man with default where the act is compulsory and not voluntary, and where there is not a consent and election : and therefore, if either there be an impossibility for a man to do otherwise, or so great a perturbation of the judgment and reason as in presumption of law man's nature cannot overcome, such necessity carrieth a privilege in itself.
Página 301 - There is a finding of facts upon which a review can be had in the Supreme Court of the United States by writ of error to the Oklahoma supreme court, where the latter court states in its opinion that on a prior appeal it had made "a full statement and findings of facts...
Página 221 - I have ever understood that the action must be brought against the hand committing the injury, or against the owner for whom the act was done.

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