American Law Magazine, Том 3Rothman., 1844 |
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action afterwards agreement alleged amount appointment assignment assumpsit attorney authority bank bequest bill bond charge claim common law contract conveyance court court of chancery court of equity covenant coverture criminal damages death debt debtor decision declaration deed defendant delivered demurrer devised entitled equity evidence execution executors fact feme covert feme sole fraud fund given granted heir Held husband indictment indorser intention interest Iredell issue John Inman judge judgment jury land lease legacy legatee liable libel lord malice marriage matter ment mortgage notice opinion owner paid party payment person plaintiff plea pleaded possession principles promise proved purchase question received recover rent rule scire facias settlement sold statute statute of frauds sufficient suit tenant testator tion trespass trial trover trust unlawful assembly usufruct vendee vendor verdict Watts & Serg wife witness
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Сторінка 409 - Testament, in witness whereof I, the said Maurice Baum Senr, have to this my last Will and Testament Set my hand and Seal the Day and Year above written.
Сторінка 44 - In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury ; and if it. shall appear to the jury, that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.
Сторінка 23 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Сторінка 485 - ... 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 labouring 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.
Сторінка 322 - ... unless the same be accompanied by an immediate delivery, and be followed by an actual and continued change of possession...
Сторінка 43 - Malice, in common acceptation, means ill-will against a person ; but in its legal sense it means a wrongful act done intentionally without just cause or excuse.
Сторінка 43 - ... aforesaid, it shall be lawful for the defendant, upon the trial of the cause, to give in evidence in his defence, the truth of the matter contained in the publication charged as a libel. And the jury who shall try the cause, shall have a right to determine the law and the fact, under the direction of the court, as in other cases.
Сторінка 279 - The daughter was unmarried at the date of the will, and at the death of the testator.
Сторінка 453 - Their Lordships are of opinion that, in order to constitute a sound disposing mind, a testator must not only be able to understand that he is by his will giving the whole of his property to one object of his regard, but he must also have capacity to comprehend the extent of his property, and the nature of the claims of others, whom by his will he is excluding from all participation in that property...
Сторінка 433 - ... children, who, being sons, should attain twenty-one, or, being daughters, should attain that age or marry...