A practical abridgment of American common law cases argued and determined in the courts of the several states, and the United States courts, from the earliest period to the present time: alphabetically arranged; with notes and references to the statutes of each state and analogous adjudications. Comprising under the several titles a practical treatise on the different branches of the common law, Volumen 6
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abandon appear arrest assignment assumpsit barratry bill of lading brig capture cargo cause of action charged Com'th common law Commonwealth Conn contract convicted court held Cowen's creditor damages debt debtor decided declaration decree defendant detention discharge effect entitled error estoppel evidence execution facts fraud freight ground indictment insolvent interest Johns judge judgment jurisdiction juror jury justice land landlord larceny lease liable libel lien Mass matter ment N. Y. Rep New-York nolle prosequi offence opinion owner paid Parker party payment person Pick plaintiff plea pleaded policy of insurance port possession principle proceedings promise prosecution proved question Rawle's Penn record recover rendered rent risk rule sailed schooner scire facias Sergt ship statute statute of limitations sued suit Taun tenant testator tiel tion total loss trespass trial U. S. Rep underwriters verdict vessel void voyage warranty Wend writ
Página 196 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c, or any part thereof.
Página 228 - Compute the interest on the principal sum, from the time when the interest commenced to the first time when a payment was made, which exceeds either alone or in conjunction with the preceding...
Página 388 - Tenant at will is, where lands or tenements are let by one man to another, to have and to hold to him at the will of the lessor", by force of which lease the lessee is in possession.
Página 28 - ¡in acquittal on an indictment for murder will be a good bar to an indictment for manslaughter; and, econverso, an acquittal on an indictment for manslaughter will be a bar to a prosecution for murder. For, in the first instance, had the defendant been guilty, not of murder, but of manslaughter, he would have been found guilty of the latter offense...
Página 570 - Manslaughter is principally distinguishable from murder in this ; that though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting ; and, the act being imputed to the infirmity of human nature, the correction ordained for it is proportionally lenient.
Página 323 - 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, and form no bar to a recovery sought, even prior to a reversal in opposition to them.
Página 576 - that if a physician, whether licensed or not, gives a person a potion, without any intent of doing him any bodily hurt, but with intent to cure, or prevent a disease, and, contrary to the expectation of the physician, it kills him, he is not guilty of murder or manslaughter.
Página 576 - To constitute manslaughter, the killing must have been a consequence of some unlawful act. Now, there is no law which prohibits any man from prescribing for a sick person with his consent, if he honestly intends to cure him by his prescription.