Virginia Reports: Jefferson--33 Grattan, 1730-1880Michie Company, 1901 |
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17 Gratt action adm'r administrator aforesaid alleged amount appellants appellees attorney authority bill Brockenbrough Cabell cause charge Circuit court citizen claim clerk Code commissioner common law Commonwealth confession confession of judgment Congress constitution contract county court court of equity creditors damages death debts declaration decree deed defendant demurrer duty election entitled equity error evidence ex'or execution executor fact filed guardian heirs held Hustings court interest issue James River James Steptoe judge judgment jury land Leigh liable Lynchburg matter ment Miller motion Munf official bond opinion parties payment person plaintiff plaintiff in error plea plea in abatement plead principal proceedings profits provision question received recover rendered Richmond Rison rule S. E. Rep settlement sheriff slave statute Steptoe suit sureties tenant term thereof tion trial trust usury verdict vessel Virginia ward ward's wife witness writ
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272 페이지 - 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.
80 페이지 - That general warrants, whereby an officer or messenger may be commanded to search suspected places without evidence of a fact committed, or to seize any person or persons not named, or whose offence is not particularly described and supported by evidence, are grievous and oppressive, and ought not to be granted.
309 페이지 - ... the Subject-matter, as by the known usage of trade, or the like, acquired a peculiar sense distinct from the popular sense of the same words...
184 페이지 - ... it must be admitted, as a necessary consequence, that there can be no limitation of that authority, which is to provide for the defence and protection of the community, in any matter essential to its efficacy ; that is, in any matter essential to the formation, direction, or support of the national forces.
271 페이지 - A court of equity which is never active in relief against conscience or public convenience has always refused its aid to stale demands where the party has slept upon his rights and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence. When these are wanting the court is passive and does nothing.
412 페이지 - Upon the point of the refusal of the court to set aside the verdict, on the ground that the damages were excessive...
250 페이지 - The assignment of error which relates to the refusal of the court to set aside the verdict and award a new trial is without merit.
88 페이지 - If the defendant be under an obligation, from the ties of natural justice, to refund; the law implies a debt, and gives this action, founded in the equity of the plaintiff's case, as it were upon a contract ('quasi ex contractu,') as the Roman law expresses it.
254 페이지 - Whether a party is guilty of negligence, or not, is a question of fact for the jury, and not a question of law for the court to decide, when the evidence tends to establish such negligence.
385 페이지 - If granted for public purposes exclusively, they belong to the corporate body in its public, political, or municipal character. But if the grant was for purposes of private advantage and emolument, though the public may derive a common benefit therefrom, the corporation, quoad hoc, is to be regarded as a private company. It stands on the same footing as would any individual or body of persons upon whom the like special franchises had been conferred.