The Brief: A Quarterly Magazine of the Law, Volume 6

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Page 121 - Should congress, in the execution of its powers, adopt measures which are prohibited by the constitution, or should congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not intrusted to the government, it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land.
Page 219 - As far as possible, important agreements, affecting the rights of clients, should be reduced to writing; but it is dishonorable to avoid performance of an agreement fairly made because it is not reduced to writing, as required by rules of Court.
Page 118 - among" means intermingled with. A thing which is among others is intermingled with them. Commerce among the states cannot stop at the external boundary line of each state, but may be introduced into the interior.
Page 220 - In determining the amount of the fee, it is proper to consider : (1) the time and labor required...
Page 202 - When the inability of Spain to deal successfully with the insurrection has become manifest, and it is demonstrated that her sovereignty is extinct in Cuba for all purposes of its rightful existence, and when a hopeless struggle for its re-establishment has degenerated into a strife, which means nothing more than the useless 35' sacrifice of human life and the utter destruction of the very subjectmatter of the conflict, a situation will be presented in which our obligations to the sovereignty of Spain...
Page 28 - Amendment] is one of a series of constitutional provisions having a common purpose; namely, securing to a race recently emancipated, a race that through many generations had been held in slavery, all the civil rights that the superior race enjoy.
Page 217 - TO CONTROL THE INCIDENTS OF THE TRIAL As to incidental matters pending the trial, not affecting the merits of the cause, or working substantial prejudice to the rights of the client, such as forcing the opposite lawyer to trial when he is under affliction or bereavement; forcing the trial on a particular day to the injury of the opposite lawyer when no harm will result from a trial at a different time; agreeing to an extension...
Page 119 - Issuing a policy of insurance is not a transaction of commerce. The policies are simple contracts of indemnity against loss by flre, entered into between the corporations and the assured, for a consideration paid by the latter.
Page 4 - It is a part of our history, that, at the adoption of the constitution, all the states were greatly indebted ; and the apprehension that these debts might be prosecuted in the federal courts formed a very serious objection to that instrument. Suits were instituted, and the court maintained its jurisdiction. The alarm was general ; and to quiet the apprehensions that were so extensively entertained, this amendment was proposed in congress, and adopted by the state legislatures.
Page 218 - The miscarriages to which justice is subject, by reason of surprises and disappointments in evidence and witnesses, and through mistakes of juries and errors of Courts, even though only occasional, admonish lawyers to beware of bold and confident assurances to clients, especially where the employment may depend upon such assurance. Whenever the controversy will admit of fair adjustment, the client should be advised to avoid or to end the litigation.

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