The American Law Journal, Volumen1;Volumen8

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Walker, 1849

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Página 145 - All murder which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration of, or attempt to perpetrate, any arson, rape, robbery or burglary, s'hall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of -the second degree...
Página 398 - ... when any husband shall have by cruel and barbarous treatment, endangered his wife's life or offered such indignities to her person as to render her condition intolerable, and life burdensome, and thereby force her to withdraw from his house and family...
Página 59 - The thing that hath been, it is that which shall be ; and that which is done is that which shall be done : and there is no new thing under the sun.
Página 369 - But the object and end of all government is to promote the happiness and prosperity of the community by which it is established ; and it can never be assumed that the government intended to diminish its power of accomplishing the end for which it was created.
Página 428 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Página 42 - Court and in the Court for the Correction of Errors of the State of New York.
Página 139 - That the safety of the people is the supreme law, not only comports with, but is indispensable to, the exercise of those powers in their public functionaries, without which that safety cannot be guarded. On this principle it is that courts of justice are universally acknowledged to be vested by their very creation with power to impose silence, respect and decorum in their presence, and submission to their lawful mandates...
Página 399 - The causes must be grave and weighty, and such as show an absolute impossibility that the duties of the married life can be discharged. In a state of personal danger no duties can be discharged; for the duty of self-preservation must take place before the duties of marriage, which are secondary both in commencement and in obligation ; but what falls short of this is with great caution to be admitted. The rule of ' per - quod consortium amittitur...
Página 403 - ... What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Página 343 - ... to the hotel company for its stockholders and bondholders. ' ' The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance.

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