Atlantic Reporter, Volume 14

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West Publishing Company, 1888 - Law reports, digests, etc
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Page 449 - ... is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road...
Page 576 - A rule to show cause why a new trial should not be granted, was allowed; and the following reasons were assigned for setting aside the verdict.
Page 471 - ... the law which binds the parties to perform their agreement." Sturges v. Crowninshield, 4 Wheat. 122, 197; Story, op. cit., 1378. This Court has said that "the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms. This principle embraces alike those which affect its validity, construction, discharge and enforcement.
Page 590 - ... for a rule to show cause why a new trial should not be granted...
Page 251 - Notes given for a speculative consideration. .—A person who takes, sells or transfers a promissory note or other negotiable instrument, knowing the consideration of such note or instrument to consist in whole or in part of the...
Page 550 - Express malice is when one, with a sedate deliberate mind and formed design, doth kill another : which formed design is evidenced by external circumstances discovering that inward intention; as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm.
Page 98 - The provisions of this act, so far as they are the same as those of existing laws, shall be construed as a continuation of such laws and not as new enactments...
Page 511 - For it is a general principle of the highest importance to the proper administration of justice that a judicial officer, in exercising the authority vested in him, shall be free to act upon his own convictions, without apprehension of personal consequences to himself.
Page 580 - That all ordinances and parts of ordinances in conflict with the provisions of this ordinance be and the same are hereby repealed.
Page 10 - It is well settled as a general proposition, subject to certain exceptions not necessary to be here noted, that where a party has availed himself for his benefit of an unconstitutional law, he cannot, in a subsequent litigation with others not in that position, aver its unconstitutionality as a defence, although such unconstitutionality may have been pronounced by a competent judicial tribunal in another suit.

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