The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Results 1-5 of 91
Page 34
Do they make the law ? The action of such a committee cannot be set up, except
to its great and manifest disadvantage, against that of the highest courts which
administer the English common law. The right of the insurer in the case before us
...
Do they make the law ? The action of such a committee cannot be set up, except
to its great and manifest disadvantage, against that of the highest courts which
administer the English common law. The right of the insurer in the case before us
...
Page 43
which they would derive therefrom, was that the law implied that the act of killing
was murder when perpetrated under the circumstances of the present case, or
whether such ... Actus non reum facit, sed mem, is a maxim of the common law.
which they would derive therefrom, was that the law implied that the act of killing
was murder when perpetrated under the circumstances of the present case, or
whether such ... Actus non reum facit, sed mem, is a maxim of the common law.
Page 44
This case was tried under the New York statute,1 in which the definition of murder
is somewhat changed from that of the common law, and felonious homicide is
divided into several grades. The expression, "with malice aforethought," in the ...
This case was tried under the New York statute,1 in which the definition of murder
is somewhat changed from that of the common law, and felonious homicide is
divided into several grades. The expression, "with malice aforethought," in the ...
Page 47
This modification of the rule in cases arising under statutes establishing degrees
of murder really marks a departure from the rule as stated in the English cases,
since there is the same reason for saying that at common law manslaughter only
...
This modification of the rule in cases arising under statutes establishing degrees
of murder really marks a departure from the rule as stated in the English cases,
since there is the same reason for saying that at common law manslaughter only
...
Page 48
So in 1817, on a murder trial in Massachusetts, Parker, C. J., told the jury that "
when a homicide is committed, the law ... and leaving the first degree
substantially as at common law, it was held that the rule that all homicide is
presumed • to be ...
So in 1817, on a murder trial in Massachusetts, Parker, C. J., told the jury that "
when a homicide is committed, the law ... and leaving the first degree
substantially as at common law, it was held that the rule that all homicide is
presumed • to be ...
What people are saying - Write a review
We haven't found any reviews in the usual places.
Contents
354 | |
377 | |
378 | |
398 | |
457 | |
470 | |
508 | |
530 | |
126 | |
132 | |
138 | |
156 | |
159 | |
182 | |
189 | |
191 | |
240 | |
256 | |
285 | |
306 | |
311 | |
326 | |
352 | |
554 | |
580 | |
604 | |
607 | |
631 | |
649 | |
669 | |
691 | |
709 | |
730 | |
753 | |
770 | |
773 | |
793 | |
Other editions - View all
Common terms and phrases
action agent American appear appointed Arthur Orton assignee Attorney authority bank bankrupt bankruptcy bill bonds Bottomry cause charge charter Charter-party Chief Justice claim common law Constitutional Law contract corporation court of equity creditors criminal damages Dartmouth College debt decision deed defendant defendant's doctrine duty edition English English law entitled equity evidence execution executor fact forty-ninth parallel fraud fraudulent Fraudulent Conveyance Held husband Insurance interest judges judgment judicial jurisdiction jury Kenealy killing land Legacy legislature liable Lien Lord Lord Aberdeen malice marriage Massachusetts matter ment Misjoinder mortgage murder negligence notice opinion Orton paid party patent payment person plaintiff presumption principle proceedings proved question railroad railway recover Reports Roger Roman law rule sheep statute suit Supreme Court testator testator's Tichborne tion treaty trial trust United vessel volume wife witness York