Commentaries on American Law, Volumes 1-4Little, Brown, 1858 |
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Page 42
... contract is consent , and the ingredient of * fraud or duress is as fatal in this as in any other contract , for the free assent of the mind to the contract is wanting . ( b ) The common law allowed divorces a vinculo , causa metus ...
... contract is consent , and the ingredient of * fraud or duress is as fatal in this as in any other contract , for the free assent of the mind to the contract is wanting . ( b ) The common law allowed divorces a vinculo , causa metus ...
Page 43
... contract is made . ( b ) But this rule of reciprocity , however true in its application to actual marriages , does not apply to other contracts made by a competent party with an infant , nor even to a promise of marriage per verba de ...
... contract is made . ( b ) But this rule of reciprocity , however true in its application to actual marriages , does not apply to other contracts made by a competent party with an infant , nor even to a promise of marriage per verba de ...
Page 53
... contract jure gentium , that consent is all that is required by natural or public law . ( a ) The Roman lawyers * strongly * 87 inculcated the doctrine , that the very foundation and essence of the contract consisted in consent freely ...
... contract jure gentium , that consent is all that is required by natural or public law . ( a ) The Roman lawyers * strongly * 87 inculcated the doctrine , that the very foundation and essence of the contract consisted in consent freely ...
Page 54
... contract . This is the doctrine of the common law , and also of the canon law , which governed marriages in England prior to the marriage act of 26 Geo . II .; and the canon law is also the general law thoroughout Europe as to marriages ...
... contract . This is the doctrine of the common law , and also of the canon law , which governed marriages in England prior to the marriage act of 26 Geo . II .; and the canon law is also the general law thoroughout Europe as to marriages ...
Page 55
... contract . The intervention of a priest to solemnize the contract was merely juris positivi , and these private contracts of marriage , as Black- stone observes , ( 1 Comm . 439 , ) were " valid marriages to many purposes . " In North ...
... contract . The intervention of a priest to solemnize the contract was merely juris positivi , and these private contracts of marriage , as Black- stone observes , ( 1 Comm . 439 , ) were " valid marriages to many purposes . " In North ...
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Common terms and phrases
alien assignment authority Bank Barb binding Carolina chancellor charitable charter chattels child choses in action citizens civil law Code common law common schools Connecticut consent constitution contract conveyance corporation court of chancery court of equity coverture creditors debtor debts decision declared decree deed divorce doctrine domicil England English law entitled execution father feme covert feme sole foreign fund grant guardian heirs held husband and wife ibid infant insolvent Johns jurisdiction land legislature liable Litt Lord Lord Eldon marriage married Massachusetts master Mayor N. H. Rep N. Y. Revised Statutes North Carolina Ohio owner parents party Penn personal property principle provision real estate resident rule S. C. Rep Sandf separate settled settlement slaves Smith socage statute law statutes of mortmain Supreme Court Term Rep tion trustees United valid Vesey void voidable wife's York
Popular passages
Page 389 - Of Law there can be no less acknowledged than that her seat is the bosom of God ; her voice the harmony of the world. All things in heaven and earth do her homage ; the very least as feeling her care, and the greatest as not exempted from her power.
Page 15 - States, whose fathers were or may be at the time of their birth citizens thereof, are declared to be citizens of the United States; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Page 699 - ... be actually made, procured, or provided, or fit, or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery...
Page ii - Charts and Books, to the Authors and Proprietors of such Copies during the times therein mentioned ; and also to an Act entitled, " An Act supplementary to an Act, entitled, An Act for the Encouragement of Learning, by securing the Copies of Maps, Charts and Books, to the Authors and Proprietors of such •Copies during the times therein mentioned...
Page 365 - In addition to the powers enumerated in the first section of this title, and to those expressly given in its charter, or in the act under which it is, or shall be, incorporated, no corporation shall possess or exercise any corporate powers, except such as shall be necessary to the exercise of the powers so enumerated and given.
Page 32 - Majesty, shall continue to hold them according to the nature and tenure of their respective estates and titles therein; and may grant, sell or devise the same to whom they please...
Page 287 - State from bringing with them such persons as are deemed slaves by the laws of any one of the United States...
Page 307 - It is chiefly for the purpose of clothing bodies of men, in succession, with these qualities and capacities, that corporations were invented and are in use. By these means a perpetual succession of individuals are capable of acting for the promotion of the particular object, like one immortal being.
Page 289 - No free negro, free mulatto, or free person of mixed blood, descended from negro ancestors, to the fourth generation inclusive, (though one ancestor of each generation may have been a white person.) shall vote for members of the senate or house of commons.
Page 487 - The question upon the whole is, whether this is a legitimate use of the plaintiff's publication in the fair exercise of a mental operation, deserving the character of an original work.