A Selection of Legal Maxims: Classified and Illustrated |
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Page x
... known , and so easily comprehended . After these are placed cer- tain Maxims which are rather deductions of reason than Rules of Law , and consequently admit of illustration only . Chapter X PREFACE TO THE FIRST EDITION .
... known , and so easily comprehended . After these are placed cer- tain Maxims which are rather deductions of reason than Rules of Law , and consequently admit of illustration only . Chapter X PREFACE TO THE FIRST EDITION .
Page lxiv
... Reason v . Wirdnam , 746 Reay v . Richardson , 885 Rebeckah ( The ) , 608 Redman v . Wilson , 218 652 Ratcliffe's Case , 527 , 532 Ratcliffe v . Burton , 436 , 437 Rawlings v . Bell , 791 , 797 Reed v . Jackson , 334 , 945 v . Lamb ...
... Reason v . Wirdnam , 746 Reay v . Richardson , 885 Rebeckah ( The ) , 608 Redman v . Wilson , 218 652 Ratcliffe's Case , 527 , 532 Ratcliffe v . Burton , 436 , 437 Rawlings v . Bell , 791 , 797 Reed v . Jackson , 334 , 945 v . Lamb ...
Page 72
... reason of policy for thus doing , unless they are so fettered by the express words of the statute as to be unable to extricate themselves , for they will not suppose that the legislature had such an intention . " is a well settled rule ...
... reason of policy for thus doing , unless they are so fettered by the express words of the statute as to be unable to extricate themselves , for they will not suppose that the legislature had such an intention . " is a well settled rule ...
Page 77
... reason as in presumption of law man's nature cannot overcome , such necessity carries a privilege in itself.1 Necessity , as contemplated in the above rule , may be considered under three different heads : -1 . Necessity of self ...
... reason as in presumption of law man's nature cannot overcome , such necessity carries a privilege in itself.1 Necessity , as contemplated in the above rule , may be considered under three different heads : -1 . Necessity of self ...
Page 80
... reason of this rule obviously being , that , where there exists an incapacity or a defect of under- standing , inasmuch as there can be no consent of the will , so the act done cannot be culpable . Every man is , however , presumed to ...
... reason of this rule obviously being , that , where there exists an incapacity or a defect of under- standing , inasmuch as there can be no consent of the will , so the act done cannot be culpable . Every man is , however , presumed to ...
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Other editions - View all
Common terms and phrases
11 Exch according Act of Parliament action applied Bing Broom & Hadley cause chattel cited common law construed contract Court court of equity covenant Crown damage debet deed defendant duty Earl emblements entitled equity Exch execution facit fact fixtures grant H. L. Cas heir held injury Inst instance Insurance intention Jones judge Judgm judgment jure jurisdiction jury justice king land lease legislature liable Litt London Lord Lord Brougham Lord Campbell Lord Cottenham Lord Cranworth Lord Ellenborough Lord Mansfield marriage matter maxim Mayor Midland R. C. Nemo Northern R. C. observed offence owner party person plaintiff Pollock possession potest principle proceedings quæ quod Raym reason recognised recover resp Scott N. R. sheriff Smith stat statute supra tenant testator Tindal tion trespass Vict void Western R. C. words writ wrong
Popular passages
Page 80 - ... at the time of the committing of the act the party accused was laboring 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.
Page 742 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so.
Page 894 - December, 1833, no person shall make an entry or distress, or bring an action, to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Page 296 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 81 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 313 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 385 - ... unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
Page 914 - ... the jury may give such damages as they may think proportioned to the injury resulting from such death to the parties respectively for whom and for whose benefit such action shall be brought ; and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the before-mentioned parties in such shares as the jury by their verdict shall find and direct.
Page 856 - The general rule is, that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit, though no express command or privity of the master be proved.
Page 372 - ... it seems but reasonable and just that the neighbor, who has brought something on his own property which was not naturally there, harmless to others so long as it is confined to his own property...