The Western Reserve Law Journal, Volume 5Franklin T. Backus Law School, Western Reserve University, 1900 - Law |
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Popular passages
Page 122 - When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off; they become good husbands and good wives, from the necessity of remaining husbands and wives; for necessity is a powerful master in teaching the duties which it imposes.
Page 191 - ... in all cases of taxation and internal polity, subject only to the negative of their sovereign, in such manner as has been heretofore used and accustomed.
Page 172 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril ; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 122 - ... that regards the general interests of mankind. For though in particular cases, the repugnance of the law to dissolve the obligations of matrimonial cohabitation, may operate with great se* verity upon individuals ; yet it must be carefully remembered, that the general happiness of the married life is secured by its indissolubility.
Page 190 - Commons of Great Britain in Parliament assembled, had, hath and of right ought to have, full power and authority to make laws and statutes of sufficient force and validity to bind the colonies and people of America, subjects of the Crown of Great Britain in all cases whatsoever.
Page 122 - The humanity of the court has been loudly and repeatedly invoked. Humanity is the second virtue of courts, but undoubtedly the first is justice. If it were a question of humanity simply, and of humanity which confined its views merely to the happiness of the present parties, it would Jbe a question easily decided upon first impressions.
Page 163 - The 2d incident to a monopoly is, that after the monopoly is granted, the commodity is not so good and merchantable as it was before ; for the patentee having the sole trade, regards only his private benefit, and not the common wealth.
Page 197 - Wherever, by either the common law or the statute law of a State, / ' a right of action has become fixed and a legal liability incurred, that liability may be enforced and the right of action pursued in any court which has jurisdiction of snch matters and can obtain jurisdiction of the parties.
Page 97 - The power we allude to is rather the police power, the power vested in the legislature by the constitution to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth and of the subjects of the same.
Page 192 - That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law.