Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Том 18David Thomas Marvel, John W. Houston, James Pennewill, Samuel Maxwell Harrington, William Henry Boyce, William Watson Harrington, William J. Storey, Charles L. Terry Mercantile Print. Company, 1901 |
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Сторінка 25
... plea of confession and avoidance , the common law rules which apply to pleas of this nature are to be used in testing the sufficiency of the return . The respondent should state in direct and positive terms the matters of excuse or ...
... plea of confession and avoidance , the common law rules which apply to pleas of this nature are to be used in testing the sufficiency of the return . The respondent should state in direct and positive terms the matters of excuse or ...
Сторінка 45
... plea sets forth in effect , that after cutting and removing the greater part of the said timber , the defendant was unable to know the boundary lines of said woodland , and was therefore not able to cut and remove the whole of the ...
... plea sets forth in effect , that after cutting and removing the greater part of the said timber , the defendant was unable to know the boundary lines of said woodland , and was therefore not able to cut and remove the whole of the ...
Сторінка 46
... plea of the defendant available as a defence in this action , you must be satisfied from the evidence that the said alleged new agreement for the extension of the time for the return of the said mill , was actually made by the parties ...
... plea of the defendant available as a defence in this action , you must be satisfied from the evidence that the said alleged new agreement for the extension of the time for the return of the said mill , was actually made by the parties ...
Сторінка 48
... plea in bar and sub- stitute therefor a plea in abatement ; and also may amend a plea in bar so as to make it a plea in abatement , it being in substance a plea in abatement but lacking the proper form . court in 2. Where receivers of a ...
... plea in bar and sub- stitute therefor a plea in abatement ; and also may amend a plea in bar so as to make it a plea in abatement , it being in substance a plea in abatement but lacking the proper form . court in 2. Where receivers of a ...
Сторінка 49
... plea so as to make it a plea in abatement . Mr. Curtis , of counsel for plaintiff , objected on the ground that a plea in abatement cannot be filed after the filing of a plea in bar ; that having already admitted the standing of the ...
... plea so as to make it a plea in abatement . Mr. Curtis , of counsel for plaintiff , objected on the ground that a plea in abatement cannot be filed after the filing of a plea in bar ; that having already admitted the standing of the ...
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action affidavit aforesaid agent alleged amended Attorney-General authority bail bond Bay Shore bill cars Castle County cause character character evidence CHARGE OF COURT charging the jury Charles Shearer charter circumstances claim common law Constitution contract corporation counsel creditor criminal damages deceased defective defendant defendant's demurrer Dover and Milford duty entitled evidence exercise fact fendant filed footways garnishee guilty Harr held to bail Houst husband Ibid indictment injury issue Judge judgment jurisdiction Justice Kent County land Legislature liability lien LORE malice matter ment mortgage negligence nonsuit offense OPINION OF COURT owner party payment PENNEWILL and BOYCE person plaintiff plaintiff in error plea in abatement premises proceedings proved quash question railroad Railway Company reasonable doubt received record recover replevin rule scire facias Section servant sheriff SPRUANCE statute streets sufficient Superior Court surety SYLLABUS testimony therein thereof tion verdict witness writ
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Сторінка 353 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes until the contrary be proved to their satisfaction ; and that to establish a defence on the ground of insanity, it must be clearly proved that at the time of...
Сторінка 91 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not, therefore, to be considered the law of the land.
Сторінка 46 - ... would tend in many instances to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Сторінка 110 - Gray, 84, is applicable, that if the different parts "are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.
Сторінка 116 - ... by virtue of such employment, receive or take into his possession any chattel, money, or valuable security for or in the name or on the account of his master...
Сторінка 110 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
Сторінка 85 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Сторінка 508 - ... 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.
Сторінка 222 - TERM, may be in every case a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the burden of proof is imposed.
Сторінка 90 - 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 and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.