Reports of Cases Argued and Determined in the Supreme Court of Rhode Island, Band 8E. L. Freeman Company, State Printers, 1871 |
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action administrator adverse possession aforesaid alleged answer assessments assigned assumpsit Bank bill bond cause champerty charges charter Chief Justice cited City of Providence claim common law complainant contract corporation counsel court martial court of equity Court of Probate creditors damages debt decease declaration deed defendant defendant's demurrer devise dividends duty entitled equity et ux evidence executor fact fee simple fund Gideon Reynolds gift Gilliat Glocester Governor heirs held intent interest issue James D'Wolf judge land legacies legatees Mauran ment mortgage Mutual Fire Insurance paid parties payment Peckham plaintiff plat plea possession Providence and Fishkill question Railroad Company real estate residuary residuary estate residue Revised Statutes Rhode Island road rule Seagrave shares Staples and Pearce street suit thereof tion town trial trustees verdict vested William Bradford Woonsocket Union Railroad words writ
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Seite 211 - The conclusion from this reasoning is that, where the heads of departments are the political or confidential agents of the executive, merely to execute the will of the President, or rather to act in cases In which the executive possesses a constitutional or legal discretion, nothing can be more perfectly clear than that their acts are only politically examlnable.
Seite 53 - Every subject of the commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property, or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.
Seite 290 - Good faith forbids either party by concealing what he privately knows. to draw the other into a bargain, from his ignorance of that fact, and his believing the contrary.
Seite 215 - ... owes no kind of subjection to any other potentate upon earth. Hence it is, that no suit or action can be brought against the king, even in civil matters, because no court can have jurisdiction over him. For all jurisdiction implies superiority of power : authority to try would be vain and idle, without an authority to redress ; and the sentence of a court would be contemptible, unless that court had power to command the execution of it : but who, says Finch°, shall command the king?
Seite 471 - Congress, not being defined, it will, of course, be judged of in every particular case by those who will have to decide the case. While privilege was understood in England to extend, as it does here, only to exemption from arrest, eundo, morando, et redeundo, the House of Commons themselves decided that "a convenient time was to be understood.
Seite 228 - The defendant also contends that the court erred in refusing to charge the jury that the...
Seite 471 - Commons themselves decided that " a convenient time was to be understood." (1580.) 1 Hats. 99, 100. Nor is the law so strict in point of time as to require the party to set out immediately on his return, but allows him time to settle his private affairs, and to prepare for his journey ; and does not even scan his road very nicely, nor forfeit his protection for a little deviation frona that which is most direct; some necessity, perhaps, constraining him to it.
Seite 391 - Champerty is a species of maintenance and punished in the- same manner ; being a bargain with a plaintiff or defendant, campum partire, to divide the land or other matter sued for between them, if they prevail at law : whereupon the champertor is to carry on the party's suit at his own expense.
Seite 231 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Seite 220 - It is an imperative rule of the law of mandamus that, previously to the making of the application to the court for a writ to command the performance of any particular act, an express and distinct demand or request to perform it must have been made by the prosecutor to the defendant, who must have refused to comply with such demand, either in direct terms, or by conduct from which a refusal can be conclusively implied; it being due to the defendant to have the option of either doing, or refusing to...