Southern Law Review and Chart of the Southern Law and Collection Union, Volume 2

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Roberts & Purvis, 1873 - Law
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Page 322 - The government of the union then is emphatically and truly a government of the people. In form and substance, it emanates from them. Its powers are granted by them, and are to be exercised directly on them, and for their benefit.
Page 675 - gave large damages. A rule nisi was afterwards obtained for a nonsuit, or new trial, on the ground of misdirection, and that the verdict was against evidence. The misdirections complained of were (1) that the Judge did not direct the jury that the representations were privileged; (2) not leaving to the jury the question, whether the representations were
Page 331 - war are independent nations. But it is not necessary to constitute war that both parties should be acknowledged as independent nations or sovereign States. A war may exist where one of the belligerents claims .sovereign rights as against the other. A civil war is never solemnly declared; it becomes such by accident—the number, power and
Page 455 - words of limitation, such devise shall be construed to pass the fee-simple, or other the whole estate or interest which the testator had power to dispose of by will, in such real estate, unless a contrary intention shall appear by
Page 373 - the trustee in bankruptcy, for that they were not in the order and disposition of the bankrupt with the consent of the true owner at the time of the act of bankruptcy; that the Bills of Sale Act did not apply;
Page 510 - naturally from the defendant's breach of contract, or such as might be reasonably supposed to have been in the contemplation of both parties at the time when the?
Page 533 - who, directly or indirectly, participated in the late insurrection or rebellion a full pardon and amnesty for the offense of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privilege**, and immunities under the Constitution and the laws which have been made in pursuance thereof,
Page 322 - The people of the United States formed the Constitution, acting through the State legislatures in making the compact, to meet and discuss its provisions; and acting in separate conventions when they ratified those provisions; but the terms used in its construction show it to be a government in which the people of all the States collectively are represented.
Page 675 - fade inference of malice, in fact, arising from a statement prejudicial to the character of the plaintiff, and the onus is upon him to prove that there was actual malice, that the defendant was actuated by motives of personal spite or ill-will, independent of the occasion on which the communication was made. So held, where the Bishop of
Page 339 - The courts established or sanctioned in Mexico during the war, by the commanders of the American forces, were nothing more than the agents of the military power, to assist it in preserving order in the conquered territory, and to protect the inhabitants in their persons and property while it was occupied by the American arms.

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