A Selection of Legal Maxims, Classified and IllustratedA. Maxwell, 1845 - 469페이지 |
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xli 페이지
... rule , the law charges no man with default where the act done is compulsory , and not voluntary , and where there is not a consent and election on his part ; and , therefore , if either there be an impossibility for a man to do ...
... rule , the law charges no man with default where the act done is compulsory , and not voluntary , and where there is not a consent and election on his part ; and , therefore , if either there be an impossibility for a man to do ...
xli 페이지
... rule , that necessitas publica major est quàm privata . Death , it has been observed , is the last and farthest point of particular necessity , and the law imposes it upon every subject , that he prefer the urgent service of his king ...
... rule , that necessitas publica major est quàm privata . Death , it has been observed , is the last and farthest point of particular necessity , and the law imposes it upon every subject , that he prefer the urgent service of his king ...
31 페이지
... rule . The king is not bound by any statute , if he be not ex- Qualification pressly named therein , unless there be equivalent words , or unless the prerogative be included by necessary implica- tion ( s ) , for it is inferred primâ ...
... rule . The king is not bound by any statute , if he be not ex- Qualification pressly named therein , unless there be equivalent words , or unless the prerogative be included by necessary implica- tion ( s ) , for it is inferred primâ ...
38 페이지
... rule , that æquitas sequitur legem ( h ) — courts of equity must follow , not lead , the law in all cases to which the rules of common law apply : they cannot , for instance , establish a different rule of property from that which the ...
... rule , that æquitas sequitur legem ( h ) — courts of equity must follow , not lead , the law in all cases to which the rules of common law apply : they cannot , for instance , establish a different rule of property from that which the ...
39 페이지
Herbert Broom. rule being , that the law pays regard to equity — jus respicit æquitatem . Hence , where a rule of property is settled in a court of equity , and it is not repugnant to any principle , rule , or determination at law ...
Herbert Broom. rule being , that the law pays regard to equity — jus respicit æquitatem . Hence , where a rule of property is settled in a court of equity , and it is not repugnant to any principle , rule , or determination at law ...
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ab initio act of Parliament action advowson applies Arch Argument Barrister-at-Law Bing Chit cited common law consent consideration contract Court courts of equity covenant criminal Crown custom damage debet debt deed defendant demise Dwarr East Ellenborough emblements entitled equity evidence execution executor facit fact fixtures fraud freehold grant heir held Hobart indictment injury Inst instance instrument intention judge judgment jurisdiction jury justice land landlord lease lessee lessor liable Litt Lord Ellenborough Lord Kenyon Lord Mansfield marriage matter maxim ment observed offence owner party person plaintiff plea pleading principle proceedings quæ quod Raym reason recognised recover remainderman remedy rent Saund Scott seisin Selw sheriff shew Smith stat statute Steph Taunt tenant testator Tindal tion Tofield trespass Vict void vols warrant Woodf words writ of error
인기 인용구
352 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed : but it is founded in general principles of policy which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may say so. The principle of public policy is this : ex dolo malo non oritur actio.
352 페이지 - No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the Court says he has no right to be assisted. It is upon that ground the Court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
167 페이지 - ... right thereto shall be deemed absolute and indefeasible, unless it shall appear that the same was enjoyed by some consent or agreement expressly given or made for that purpose by deed or writing.
110 페이지 - But when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
135 페이지 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
248 페이지 - If the words of the statute are in themselves precise and unambiguous, then no more can be necessary than to expound those words in their natural and ordinary sense. The words themselves alone do, in such case, best declare the intention of the lawgiver.
280 페이지 - 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.
104 페이지 - IT were infinite for the law to consider the causes of causes, and their impulsions one of another; therefore it contenteth itself with the immediate cause, and judgeth of acts by that, without looking to any further degree.
xli 페이지 - ... upon any agreement that is not to be performed within the space of one year from the making thereof...
37 페이지 - This kind of equitable action to recover back money, which ought not in justice to be kept, is very beneficial, and therefore much encouraged.