Reports of Cases Argued and Determined in the Supreme Court of the State of Michigan, Том 1Callaghan, 1880 |
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Сторінка 11
... rule was established from any that had prevailed in any part of the country over which the ordinance was designed to be opera- tive . Had the common law rule in relation to descents been adopted , this saving clause in relation to dower ...
... rule was established from any that had prevailed in any part of the country over which the ordinance was designed to be opera- tive . Had the common law rule in relation to descents been adopted , this saving clause in relation to dower ...
Сторінка 11
... rule of de- cision in civil and criminal cases . This , being a matter of history , will be noticed by courts . * In 1783 , the territory was ceded by Great Britian to [ 4 * ] the United States , but its actual possession was not re ...
... rule of de- cision in civil and criminal cases . This , being a matter of history , will be noticed by courts . * In 1783 , the territory was ceded by Great Britian to [ 4 * ] the United States , but its actual possession was not re ...
Сторінка 37
... rule of court , of causes pending in courts of record . If that provision had been retained , and the cause which was pending at the circuit had been referred to referees by a rule of court , then the rea- soning of the counsel would ...
... rule of court , of causes pending in courts of record . If that provision had been retained , and the cause which was pending at the circuit had been referred to referees by a rule of court , then the rea- soning of the counsel would ...
Сторінка 39
... rule , that courts are to search for and give ef * fect [ 28 * ] to the intention of the legislature ; and that in giving a construction to an act , courts should strive to give full force and effect to all its parts . A strict ...
... rule , that courts are to search for and give ef * fect [ 28 * ] to the intention of the legislature ; and that in giving a construction to an act , courts should strive to give full force and effect to all its parts . A strict ...
Сторінка 40
... rule to the various provisions relating to the question be- fore us , I am unable to perceive why they may not be easily reconciled . It does not necessarily follow , that any restriction is or was intended to be imposed upon the ...
... rule to the various provisions relating to the question be- fore us , I am unable to perceive why they may not be easily reconciled . It does not necessarily follow , that any restriction is or was intended to be imposed upon the ...
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Загальні терміни та фрази
affidavit agent alleged appear assignment assumpsit attorney authority averment bank bill boat or vessel bond Campau cause of action Certified accordingly certiorari chancery Chene circuit court cited claim commenced common law complainants contract conveyance corporation counsel county court court of chancery court of equity creditor debt declaration decree deed defendant demurrer dower entitled equity evidence execution fact feme covert fendant filed given granted held indictment indorsement intended issue judge judgment jurisdiction jury justice land legislature license lien matter ment mill mortgage mortgagor object officer opinion party payment person plaintiff in error plea plead possession premises presumption proceedings proof proved purchaser question record recover reference remedy rendered repealed replevin rule says seizin sheriff statute of limitations suit supreme court surety territory of Michigan tion township trial usury verdict void Wayne Wend writ
Популярні уривки
Сторінка 87 - The distinction between the obligation of a contract, and the remedy given by the legislature to enforce that obligation, has been taken at the bar, and exists in the nature of things. Without impairing the obligation of the contract, the remedy may certainly be modified as the wisdom of the nation shall direct.
Сторінка 91 - The objection to a law, on the ground of its impairing the obligation of a contract, can never depend upon the extent of the change which the law effects in it. Any deviation from its terms, by postponing, or accelerating, the period of performance which it prescribes, imposing conditions not expressed in the contract, or dispensing with the performance of those which are, however minute, or apparently immaterial, in their effect upon the contract of the parties, impairs its obligation.
Сторінка 486 - Nothing can call forth this Court into activity but conscience, good faith and reasonable diligence. Where these are wanting the Court is passive and does nothing; laches and neglect are always discountenanced, and, therefore, from the beginning of this jurisdiction, there was always a limitation to suits in this Court.
Сторінка 427 - Government, in the penal sum of dollars, lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, Jointly and severally, firmly by these presents.
Сторінка 17 - If the premises for which the action is brought, are actually occupied by any person, such actual occupant shall be named defendant in the declaration ; if they are not so occupied, the action must be brought against some person exercising acts of ownership on the premises claimed, or claiming title thereto, or some interest therein, at the commencement of the suit.
Сторінка 551 - ... shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder of the second degree; and the jury before whom any person indicted for murder shall be tried, shall, if they find such person guilty thereof, designate by their verdict, whether it be murder of the first or second degree...
Сторінка 616 - And it appears in our books, that in many cases the common law will control acts of Parliament, and sometimes adjudge them to be utterly void; for when an act of Parliament is against common right or reason, or repugnant or impossible to be performed, the common law will control it and adjudge such act to be void.
Сторінка 590 - Lancaster, in consideration that the plaintiff, at the special instance and request of the defendant, had then and there bought of the defendant 200 quarters of wheat, at 51.
Сторінка 259 - French, did then and there feloniously and willfully kill, contrary to the form of the statute in such case made and provided, and against the peace of the people of the state of New York and their dignity.
Сторінка 603 - such is the case in civil or criminal prosecutions for a penalty for doing an act which the statutes do not permit to be done by any persons, except those who are duly licensed therefor : as for selling liquors, exercising a trade or profession, and the like.