Introduction to American Law: Designed as a First Book for Students

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Little, Brown, & Company, 1887 - 841 pages
 

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Page 557 - ... 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 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 317 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 483 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 379 - ... the plaintiff must recover upon the strength of his own title and not upon the weakness of that of the defendant...
Page 122 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 320 - Appropriation or adaptation to the use or purpose of that part of the realty with which it is connected." (3) "The intention of the party making the annexation to make the article a permanent accession to the freehold; this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, and the policy of the law in relation thereto, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 225 - That all courts shall be open, and every person for an injury done him in his lands, goods, person, or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
Page 211 - Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public •exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public...
Page 229 - Thus I consent Sir, to this Constitution because I expect no better, and because I am not sure that it is not the best.
Page 211 - ... the owner, irrespective of any benefit from any improvement proposed by such corporation...

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