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action admitted affidavit alleged allowed amount answer appear assignment attorney authority award bail Bank bill bond brought called cause charge circuit cited claim committed common consideration considered contract costs counsel court Cowen creditors debt decision deed defendant delivered denied direct effect endorsed error evidence excepted executed fact favor fraud give given ground held intended interest issue John judge judgment jurisdiction jury justice land matter mentioned mortgage motion moved necessary notice objection offered officer opinion paid parties passed payment person plaintiff plea pleaded possession present proceedings promise proof prove purchase question reason received record recover relation respect rule sheriff statute sufficient suit taken thing tion trial verdict void warrant whole witness writ
Էջ 411 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Էջ 414 - English law particularly it is held an excuse for breaches of the peace, nay, even for homicide itself: but care must be taken that the resistance does not exceed the bounds of mere defence and prevention: for then the defender would himself become an aggressor.
Էջ 396 - But discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humor; it must not be arbitrary, vague, and fanciful; but legal and regular.
Էջ 286 - The general rule of law is clear and not disputed, viz. that money paid under a mistake of facts may be recovered back, as being paid without consideration." In the latter case the court do not deny the rule, nor that it would apply to the case before them. But to enforce it they require an almost impracticable diligence. I doubt whether this case can be sustained, except upon its own peculiar circumstances, if it can be sustained at all.
Էջ 296 - Now, upon the facts proved, it was urged on the part of the plaintiff, that the case should have been submitted to the jury, on the question as to whether there was evidence of the scienter.
Էջ 133 - ... and if judgment is rendered against him before that is done, the proceeding will be as utterly void as though the court had undertaken to act where the subject matter was not within its cognizance.
Էջ 397 - ... allege any fact to show either that his imprisonment or detention is unlawful, or that he is entitled to his discharge.
Էջ 378 - States, are these: that the transaction on account of which McLeod has been arrested and is to be put upon his trial, was a transaction of a public character, planned and executed by persons duly empowered by her Majesty's colonial authorities to take any steps and to do any acts which might be necessary for the defense of her Majesty's territories, and for the protection of her Majesty's subjects...
Էջ 326 - I take the effect of repealing a statute to be, to obliterate it as completely from the records of the Parliament as if it had never passed; and it must be considered as a law that never existed, except for the purpose of those actions which were commenced, prosecuted, and concluded, whilst it was an existing law.
Էջ 284 - The conduct of both was bonafidc, and the negligence or rather misfortune of both the same. It was the duty, or, more properly, a measure of prudence, in each to have inquired into the forgery, •which both omitted. But this raises no preference at law or equity in favor of the defendants, but against them. They have obtained the plaintiffs' money without consideration ; not as a gift, but under a mistake.