The Quarterly Law Journal, Volume 4J.W. Randolph, 1859 |
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Common terms and phrases
acres action advowson alleged amount annuity answer appears assignment authority benefit bill bond Chamberlain Chap chattel chose in action Circuit Court cited City Point civil claim Code common law Company complainant condition Constitution construction contract conveyed counsel court of equity coverture creditors curtesy death debtor debts decision decree deed of trust defendant delivered Dumas emancipated endorser entitled evidence execution executor fact fee simple fraud give grantor Grat heirs held husband intended issue J. P. Dumas James Swan Judge Judge Fulton judgment jury land levied liable lien matter ment necessary notice objection offences opinion owner parties payable payment person Picquet plaintiff plea possession provisions punishment purchase question road rule seised seisin sheriff slaves sold statute sureties Tate tenant testator tion tract trial usury Virginia void wife words writ
Popular passages
Page 190 - No person held to service or labor in one State under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor; but shall be delivered upon claim of the party to whom such service or labor may be due.
Page 120 - And this seems to be the principal reason why the husband cannot be tenant by the curtesy of any lands of which the wife was not actually seised ; because, in order to entitle himself to such estate, he must have begotten issue that may be heir to the wife; but no one, by the standing rule of law, can be heir to the ancestor of any land, whereof the ancestor was not actually seised; and therefore as the husband hath never begotten any issue that can be heir to those lands, he shall not be tenant...
Page 241 - ... be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But where the facts are admitted or not disputed, and the question becomes substantially one of science only, it may be convenient to allow the question to be put in that general form, though the same cannot...
Page 217 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause; and, whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court : but, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 307 - Whosoever being a bailee of any chattel, money, or valuable security, shall fraudulently take or convert the same to his own use, or the use of any person other than the owner thereof, although he shall not break bulk or otherwise determine the bailment, shall be guilty of larceny...
Page 190 - The migration or importation of such persons as any of the states now existing shall think proper to admit shall not be prohibited by Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
Page 182 - But the power of Congress over the person or property of a citizen can never be a mere discretionary power under our Constitution and form of Government. The powers of the Government and the rights and privileges of the citizen are regulated and plainly defined by the Constitution itself.
Page 206 - The lien acquired under the preceding section shall cease whenever the right of the judgment creditor to levy the writ of fieri facias, under which the said lien arises, or to levy a new execution on his judgment, ceases or is suspended by a forthcoming bond being given and forfeited, or by an appeal or otherwise.
Page 101 - Every contract made for or about any matter or thing which is prohibited and made unlawful by any statute, is a void contract, though the statute itself does not mention that it shall be so, but only inflicts a penalty on the offender; because a penalty implies a prohibition, though there are no prohibitory words in the statute.
Page 165 - And these two provisions show, conclusively, that neither the description of persons therein referred to, nor their descendants, were embraced in any of the other provisions of the Constitution; for certainly these two clauses were not intended to confer on them or their posterity the blessings of liberty, or any of the personal rights so carefully provided for the citizen.