The American Law Register, 第 48 卷The Department, 1900 |
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第 1 到 5 筆結果,共 41 筆
第 43 頁
... testator and that the remaindermen included all her brothers and sisters , it seems pretty evident that the word " heirs " was used to designate A.'s children , but the Supreme Court refused to look at it in that light . SALES . Perhaps ...
... testator and that the remaindermen included all her brothers and sisters , it seems pretty evident that the word " heirs " was used to designate A.'s children , but the Supreme Court refused to look at it in that light . SALES . Perhaps ...
第 44 頁
... Testator by his will directed the residuary legatee to pay to each of testator's three daughters $ 150 in case she married within eight years , or $ 500 if she remained un- Limitation , married at the expiration of that time . followed ...
... Testator by his will directed the residuary legatee to pay to each of testator's three daughters $ 150 in case she married within eight years , or $ 500 if she remained un- Limitation , married at the expiration of that time . followed ...
第 114 頁
... testator had given A. a fee , he could not turn around and give her an estate for life with a vested re- mainder over ; but the Court treats the case as if it were one of an executory devise . It first quotes a rule from Kent's ...
... testator had given A. a fee , he could not turn around and give her an estate for life with a vested re- mainder over ; but the Court treats the case as if it were one of an executory devise . It first quotes a rule from Kent's ...
第 116 頁
... testator's domicile , even though the will was executed elsewhere ; ( 2 ) that therefore , notwithstanding the Saxon law , the adopted child was not entitled , since under the New York decisions the expression " lawful issue " was ...
... testator's domicile , even though the will was executed elsewhere ; ( 2 ) that therefore , notwithstanding the Saxon law , the adopted child was not entitled , since under the New York decisions the expression " lawful issue " was ...
第 117 頁
... of Massachusetts thought that the testator's intention was clear to include her within the class : Wood v . Packard , 55 N. E. 315 . THE AMERICAN LAW REGISTER FOUNDED 1852 . UNIVERSITY OF PENNSYLVANIA PROGRESS OF THE LAW . 117.
... of Massachusetts thought that the testator's intention was clear to include her within the class : Wood v . Packard , 55 N. E. 315 . THE AMERICAN LAW REGISTER FOUNDED 1852 . UNIVERSITY OF PENNSYLVANIA PROGRESS OF THE LAW . 117.
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第 388 頁 - At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
第 460 頁 - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution; or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
第 584 頁 - The inhabitants of the ceded territory shall be incorporated in the Union of the United States, and admitted, as soon as possible, according to the principles of the federal constitution, to the enjoyment of all the rights, advantages, and immunities of citizens of the United States ; and, in the mean time, they shall be maintained and protected in the free enjoyment of their liberty, property, and the religion which they profess.
第 26 頁 - RESOLVED, that each branch ought to possess the right of originating acts; that the National Legislature ought to be empowered to enjoy the legislative rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation...
第 388 頁 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
第 460 頁 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
第 724 頁 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations and parts of nations in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
第 723 頁 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
第 449 頁 - That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of those ends, they have, at all times, an unalienable and indefeasible right, to alter reform, or abolish their government, in such manner as they may think proper.
第 77 頁 - Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness; and whereas in the recognition of this principle this Government has freely received emigrants from all nations, and invested them with the rights of citizenship...