The Law Magazine, Or, Quarterly Review of Jurisprudence

Saunders and Benning, 1839
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˹ 375 - If brethren dwell together, and one of them die, and have no child, the wife of the dead shall not marry without unto a stranger: her husband's brother shall go in unto her, and take her to him to wife, and perform the duty of an husband's brother unto her.
˹ 9 - He it is, in short, who, first of all institutional writers, has taught jurisprudence to speak the language of the scholar and the gentleman; put a polish upon that rugged science; cleansed her from the dust and cobwebs of the office; and, if he has not enriched her with that precision...
˹ 410 - ... hospital for the maintenance and education of exposed and deserted young children...
˹ 316 - The goodwill of a trade is a subject of value and price. It may be sold, bequeathed, or become assets in the hands of the personal representative of a trader. And if the restriction as to time is to be held to be illegal, if extended beyond the period of the party by himself carrying on the trade, the value of such goodwill, considered in those various points of view, is altogether destroyed.
˹ 314 - ... whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party, can be of no benefit to either; it can only be oppressive ; and, if oppressive, it is in the eye of the law unreasonable. Whatever is injurious to the interests of the public, is void on the ground of public policy.
˹ 346 - He protested loudly in private, with feverish alarm, as leading directly to confusion. Its interference with vested rights shocked his sense of equity even more than the sweeping clauses of the Reform Act. To set at nought ancient charters as so many bits of decayed parchment, and destroy the archives of town-halls, seemed in the eyes of the old Magistrate, for so many years the guardian of corporate rights, a crowning iniquity.
˹ 311 - ... placed himself, we feel ourselves bound to differ from that doctrine. A duty would thereby be imposed upon the Court in every particular case which it has no means whatever to execute. It is impossible for the Court, looking at the record, to say whether, in any particular case, the party restrained has made an improvident bargain or not. The receiving instruction in a particular trade might be of much greater value to a man in one condition of life than in another, and the same may be observed...
˹ 20 - O'er bog or steep, through strait, rough, dense, or rare, With head, hands, wings, or feet, pursues his way, And swims, or sinks, or wades, or creeps, or flics.
˹ 311 - If by that expression it is intended only that there must be a good and valuable consideration, such consideration as is essential to support any contract not under seal, we concur in that opinion. If there is no consideration, or a consideration of no real value, the contract in restraint of trade, which in itself is never favoured in law, must either be a fraud upon the rights of the party restrained, or a mere voluntary contract, a nudum pactum, and therefore void. But if by adequacy of consideration...
˹ 128 - Security for the Repayment of Money to be thereafter lent, advanced, or paid, or which may become due upon an Account Current, together with any Sum already advanced or due, or without, as the Case may be, other than and except any Sum or Sums of Money to be advanced for the Insurance of any Property comprised in such Mortgage...