Condensed Reports of Cases in the Superior Court of the Territory of Orleans, and in the Supreme Court of Louisiana: Containing the Decisions Ofthose Courts from the Autumn Term, 1809, to the March Term, 1830, and which Were Embraced in the Twenty Volumes of Fr. Xavier Martin's Reports; with Notes of Louisiana Cases, Wherein the Doctrines are Affirmed, Contradicted, Or Extended, and of the Subsequent Legislation, 第 3 卷



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第 669 頁 - This course is founded on the principle, supposed to be universally recognized, that the judicial department of every government, where such department exists, is the appropriate organ for construing the legislative acts of that government. Thus, no court in the universe which professed to be governed by principle would, we presume, undertake to say that the courts of Great Britain or of France or of any other nation had misunderstood their own statutes, and therefore erect itself into a tribunal...
第 740 頁 - ... inasmuch as the written words are the immediate language and terms selected by the parties themselves for the expression of their meaning, and the printed words are a general formula adapted equally to their case and that of all other contracting parties upon similar occasions and subjects.
第 618 頁 - It is also agreed that the property be warranted by the assured free from any charge, damage, or loss which may arise in consequence of a seizure or detention, for or on account of any illicit or prohibited trade, or any trade in articles contraband of war.
第 625 頁 - It is not obliged to wait until the offence is consummated before it can act. It may guard against injury as well as punish it. If, indeed, in the exercise of this right an unreasonable range was taken, other nations might object. But so long as it is confined to the seizure of vessels entering the port for which they are destined, it will not, it is presumed, form a just ground of complaint.
第 668 頁 - Partidas to the gains made in the country where the marriage was contracted, and excludes from its operation property acquired after a change of residence, comes to us recommended and fortified by every sanction that can give it value in the minds of those who sit in judgment; and whose duty it is to pronounce what the law is, and not what it ought to be. The appellants, however, contend, that, although such may be the construction given to the statute in Spain, that construction is not binding on...
第 665 頁 - And we say, that the agreement they had made before or at the time of their marriage, ought to have its effect in the manner they may have stipulated, and that it will not be avoided by the custom of the place to which they may have removed. And so we say it would be, if they had not entered into any agreement ; for the custom of the country where they contracted the marriage, ought to have its effect as it regards the dowry, the arras, and the gains they may have made; and not that of the place...
第 832 頁 - The nuncupative testaments by public act must be received by a notary public, in presence of three witnesses residing in the place where the will is executed, or of five witnesses not residing in the place. This testament must be dictated by the testator, and written by the notary as it is dictated.
第 675 頁 - If such be the consequence where the statute is prohibitive, we do not see why the same result should not follow from a real statute which regulates things within the limits of the country where it is in force. The reason for both is the same, namely, that the laws of the country where the contract is sought to be enforced are opposed to it. Why the one should have effect, and the other should not, we profess to be unable to distinguish. It may be a question whether the statute is real or not, but...
第 857 頁 - So. 366; Tropical Printing Co. v. Union Title Guarantee Co.. 180 La. 702, 157 So. 534. The state banking commissioner concedes that the intervener is an ordinary creditor for the amount .claimed subject to certain credits. It is ordered, adjudged, and decreed that the judgment of the district court be annulled, avoided, and reversed, and it is now ordered, adjudged, and decreed that there be judgment herein in favor of John F. Clark & Co., intervener, and against JS Brock, state banking commissioner,...
第 677 頁 - The jurisprudence of Spain came to us with her laws. We have no more power to reject the one than the other. The people of Louisiana have the same right to have their cases decided by that jurisprudence as the subjects of Spain have, except so far as the genius of our government, or our positive legislation, has changed it.