The Counsellor, Volume 3Counsellor Publishing Company, 1894 - Law |
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Common terms and phrases
adverse possession alleged applied appointed attorney authority bill cause of action cestui que trust civil claim common law complaint constitute contract corporation COUNSELLOR counterclaim Court of Appeals court of equity crime criminal damages debt decree deemed defendant delusion divorce doctrine domicil duty Dwight effect ELIHU ROOT English evidence examination execution executor exists fact fraud GEORGE CHASE granted held injury insane invention judges judgment judgment debtor jurisdiction jurisprudence jury justice land lawyers liable malicious marriage Mass ment N. J. Eq N. Y. Supp nature negligence nuisance owner party patent person plaintiff pleading principle proved question reason recover residuary estate result rule service of process statute statute of frauds Subd subject matter sufficient Supreme Court term testator testator's tion tort trespass trial trust valid words wrong York Law School
Popular passages
Page 42 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know that he was doing what was wrong.
Page 109 - No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.
Page 45 - No act is a crime if the person who does it is, at the time when it is done, prevented, either by defective mental power, or by any disease affecting his mind...
Page 169 - The use of one material instead of another in constructing a known machine is, in most cases, so obviously a matter of mere mechanical judgment, and not of invention, that it cannot be called an invention, unless some new and useful result, as increase of efficiency, or a decided saving in the operation, be obtained.
Page 192 - It must be conceded that a new combination, if it produces new and useful results, is patentable, though all the constituents of the combination were well known and in common use before the combination was made.
Page 160 - Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter...
Page 42 - ... must be considered in the same situation as to responsibility as if the facts with respect to which the delusion exists were real.
Page 100 - Municipal law, thus understood, is properly defined to be a 'rule of civil conduct prescribed by the supreme power in a state, commanding what is right and prohibiting what is wrong.
Page 160 - ... not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof...
Page 210 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law, it possesses only those properties which the charter of its creation confers upon it, either expressly or as incidental to its very existence.