The American Law Review, Volume 8Little, Brown, and Company, 1874 - Law |
From inside the book
Results 6-10 of 86
Page 51
... Justice who delivered the opinion of a majority of the court , seems to have disregarded the distinction between the fact of killing and that of wilful or intentional or vol- untary killing , and to have given his sanction to the ...
... Justice who delivered the opinion of a majority of the court , seems to have disregarded the distinction between the fact of killing and that of wilful or intentional or vol- untary killing , and to have given his sanction to the ...
Page 56
... Justice virtually maintained that the presumption arose not only from proof of a voluntary killing , but also from that of killing . Moreover , the rule as to the quantum of proof required by the prisoner to overthrow the presumption ...
... Justice virtually maintained that the presumption arose not only from proof of a voluntary killing , but also from that of killing . Moreover , the rule as to the quantum of proof required by the prisoner to overthrow the presumption ...
Page 57
... Justice Curtis said to the jury : " If a man attacks another with a dangerous weapon and kills him , no sufficient provocation appearing , the law presumes malice from the act . . . . On the question of burden of proof , after ...
... Justice Curtis said to the jury : " If a man attacks another with a dangerous weapon and kills him , no sufficient provocation appearing , the law presumes malice from the act . . . . On the question of burden of proof , after ...
Page 78
... Justice Shaw said that there must be a preponderance of evidence in rebuttal of the pre- sumption , otherwise the presumption would stand ; and this rule has since been adopted in several cases , among others in those of The People v ...
... Justice Shaw said that there must be a preponderance of evidence in rebuttal of the pre- sumption , otherwise the presumption would stand ; and this rule has since been adopted in several cases , among others in those of The People v ...
Page 82
... Justice Willes in Cooper v . Slade , 6 House of Lords Cases , 772 . Blackstone's ( Sir William ) Reports . " We must not always rely on the words of reports , though under great names : Mr. Justice Blackstone's reports are not very ...
... Justice Willes in Cooper v . Slade , 6 House of Lords Cases , 772 . Blackstone's ( Sir William ) Reports . " We must not always rely on the words of reports , though under great names : Mr. Justice Blackstone's reports are not very ...
Contents
381 | |
470 | |
508 | |
530 | |
554 | |
580 | |
604 | |
607 | |
156 | |
159 | |
182 | |
189 | |
240 | |
256 | |
285 | |
306 | |
326 | |
352 | |
354 | |
378 | |
631 | |
649 | |
661 | |
669 | |
691 | |
709 | |
730 | |
753 | |
770 | |
773 | |
793 | |
Other editions - View all
Common terms and phrases
action agent American amount appear appointed authority bank bankrupt bankruptcy bill brought called cause charge Chief Justice claim common condition consideration considered CONSTITUTIONAL contained contract corporation court creditors damages death debt decided decision defendant direct doubt duty edition England English entitled equity evidence execution executor existence expressed fact fraud give given granted ground Held interest issue judges judgment jurisdiction jury Justice killing land liable limited Lord loss matter means mortgage nature negligence never notice opinion paid party passed payment person plaintiff practice present principle proceedings proved question railway reason received recover referred regard Reports respect rule sheep statute suit Supreme Court taken thing tion tort trial trust United vessel volume whole wife witness York