American Law and Procedure, 3±ÇJames Parker Hall, James De Witt Andrews La Salle Extension University, 1910 |
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9 ÆäÀÌÁö
... positive law ; and that that common law , or statutory provision , has been adopted here , and is now in force ... The sanguinary code of England could be no favorite with William Penn , and his followers , who fled from persecution ...
... positive law ; and that that common law , or statutory provision , has been adopted here , and is now in force ... The sanguinary code of England could be no favorite with William Penn , and his followers , who fled from persecution ...
15 ÆäÀÌÁö
... positive injury to the public , a criminal prosecution may be sustained , though no statute nor prior decision can be found de- claring it criminal . A prosecution for using obscene language in public was sustained , though no prior de ...
... positive injury to the public , a criminal prosecution may be sustained , though no statute nor prior decision can be found de- claring it criminal . A prosecution for using obscene language in public was sustained , though no prior de ...
16 ÆäÀÌÁö
... positively determine upon it , no crime is committed . If I put my hand into the pocket of a passerby , with the design of taking what is in the pocket , this is a criminal act done , though there be nothing in the pocket to steal . The ...
... positively determine upon it , no crime is committed . If I put my hand into the pocket of a passerby , with the design of taking what is in the pocket , this is a criminal act done , though there be nothing in the pocket to steal . The ...
17 ÆäÀÌÁö
... positive act is essential to make a crime . The act may be either positive or negative . A neglect of duty may be just as criminal as a positive act . But to make a person liable criminally for neglect there must be either a reckless ...
... positive act is essential to make a crime . The act may be either positive or negative . A neglect of duty may be just as criminal as a positive act . But to make a person liable criminally for neglect there must be either a reckless ...
18 ÆäÀÌÁö
... positive duty omitted . If every person , whether employed in that capacity or not , were bound at his peril to guard against every danger to which anyone might be exposed , to rush in and adjust every piece of machinery which to him ...
... positive duty omitted . If every person , whether employed in that capacity or not , were bound at his peril to guard against every danger to which anyone might be exposed , to rush in and adjust every piece of machinery which to him ...
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accused action actual alleged arrest arson assault attempt bailment bigamy breach breaking burglary buyer cause charge chattel Christiancy circumstances committed common law Commonwealth consent constitute contract to sell conviction court held Cox Cr crim criminal act criminal intent danger death defendant delivered deprive the owner doctrine embezzlement enacted England entry escape evidence excuse exist fact false imprisonment false pretense felony forgery fraud fraudulent grand jury guilty of larceny habeas corpus homicide imprisonment inal indictment inflicted injury innocent John Doe judge jurors justice kill liable criminally malice malice aforethought manslaughter matter mens rea ment misdemeanor murder nature necessary negligence obtaining offense party perjury person possession present principle prisoner proof prosecution prosecutor proved provocation punished purpose Queen question rape reason received result robbery rule Sales Act SECTION seller servant statute statute of frauds stealing stolen sufficient tion trespass trial unless verdict violation warrant woman wrong
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321 ÆäÀÌÁö - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
286 ÆäÀÌÁö - That no contract for the sale of any goods, wares, and merchandise, for the price of ten pounds sterling or upwards, shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment...
363 ÆäÀÌÁö - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
404 ÆäÀÌÁö - Where there is an available market for the goods in question the measure of damages is prima facie to be ascertained by the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted, or, if no time was fixed for acceptance, then at the time of the refusal to accept.
375 ÆäÀÌÁö - Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole.
319 ÆäÀÌÁö - Where there is a contract to sell or a sale of goods by description, there is an implied warranty that the goods shall correspond with the description and if the contract or sale be by sample, as well as by description, it is not sufficient that the bulk of the goods corresponds with the sample if the goods do not also correspond with the description.
287 ÆäÀÌÁö - ... ready for delivery or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery ; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business the provisions of this section shall not apply.
41 ÆäÀÌÁö - Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.
344 ÆäÀÌÁö - ... the goods to the buyer, or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to or holding for the buyer, he is presumed \to have unconditionally appropriated the goods to the contract, except in the cases provided for in the next rule and in section 20.
384 ÆäÀÌÁö - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.