 | United States. Court of Claims - Law reports, digests, etc - 1856 - 656 pages
...leading case of Paradine vs. Jane Aleyn, R. 207, it has been the settled doctrine of the common law, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse... | |
 | United States. Congress. Senate - United States - 1856 - 594 pages
...leading case of Paradine vs. Jane Alcyn, 11. 2fi7, it has been the settled doctrine of the common law that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse... | |
 | Great Britain. Court of Common Pleas - Law reports, digests, etc - 1857 - 572 pages
...the whole army had been alien enemies, yet he ought to pay his rent. And this difference was taken, that, where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, there the law will excuse... | |
 | Oliver Lorenzo Barbour - Law reports, digests, etc - 1860 - 716 pages
...and which would be determined by whatever would determine the duty. And it is a rule well settled, that " where the law creates a duty, or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, the law will excuse him."... | |
 | Illinois. Supreme Court - Law reports, digests, etc - 1872 - 640 pages
...12 Howard, 279; 14 Wend. 215; 12 Barb. 321; 18 1ll. 489; Edwards on Bailments, 520, 523, 524, 526. Where the law creates a duty or charge, and the party is disabled to perform it, without any default in him, and hath no remedy over, then the law will excuse... | |
 | William Selwyn - Nisi prius - 1861 - 840 pages
...Hush v. Coin, Carth. 23'.'. mises; for the words were words of qualification, and not of contract (A). Where the law creates a duty or charge, and the party is disabled from performing it, without any default on his part, and has not anv remedy over, the law... | |
 | David Maclachlan - Maritime law - 1860 - 1046 pages
...inipos.... able, is no answer to an action on a contract, that still remains obligatory notwithstanding. " Where the law creates a duty or charge, and the party is disabled to perform it without any act in him, and hath no remedy over, there the law will excuse him... | |
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And this difference was taken, that where the law creates a duty or charge, and the party is disabled to perform it without any default in him, and hath no remedy over, there the law will excuse him. 
