Précis des institutions politiques et sociales de l'ancienne France, Tom 1Hachette et cie, 1898 - 100 |
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13 Wall appeared argued argument Arkansas asked attorney Attorney-General believe Bench Brenham brief called Carpenter Chief Justice clerk clerk's office client coming Conkling contract counsel Davis decision delivered died dissenting opinion docket equity eral Ex parte Garland fact feel filed friends Gray and Blatchford gument Harlan and Gray heard hearing honor hour Jere Black JOHN BYRNE judgment jurisdiction jury Justice Bradley Justice Gray Justice Miller Justice Woods Justices Harlan labor lawyers Little Rock looked Lord Lynchburg matters ment motion Nathan Clifford never occasion party petition for rehearing phatic practice present President proceedings question railroad reached reargument record referred replied retire Reverdy Johnson rule Samuel Nelson Schwalby seat sort speak spoke Stanley Stanley Matthews Supreme Court term test-oath things tice tion told trial tribunal true friendship's laws Uncle Ben United States Senate Washington William Selden
Popularne fragmenty
Strona 69 - Sir, you do not know it to be good or bad till the judge determines it. I have said that you are to state facts 173 fairly; so that your thinking, or what you call knowing, a cause to be bad, must be from reasoning, must be from your supposing your arguments to be weak and inconclusive.
Strona 70 - Why no, Sir. Everybody knows you are paid for affecting warmth for your client ; and it is, therefore, properly no dissimulation : the moment you come from the bar you resume your usual behavior.
Strona 75 - ... the good old rule, that on questions of fact it is the province of the jury, on questions of law it is the province of the court to decide.
Strona 70 - Why no, Sir. Everybody knows you are paid for affecting warmth for your client; and it is, therefore, properly no dissimulation : the moment you come from the bar you resume your usual behaviour. Sir, a man will no more carry the artifice of the bar into the common intercourse of society, than a man who is paid for tumbling upon his hands will continue to tumble upon his hands when he should walk on his feet.
Strona 74 - It may not be amiss here, gentlemen, to remind you of the good old rule that on questions of fact it is the province of the jury ; on questions of law it is the province of the court to decide. But it must be observed that by the same law which recognizes this reasonable distribution of jurisdiction you have, nevertheless, a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy.
Strona 75 - ... a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt you will pay that respect which is due to the opinion of the court; for, as on the one hand it is presumed that juries are the best judges of facts, it is, on the other hand, presumable that the courts are the best judges of law. But still both objects are lawfully within your power of decision.
Strona 31 - GARLAND addressed the court as follows : May it please the Court : Since the adjournment of this court on last Wednesday, the heart of the nation has been sorely touched by the death of the Vice-President, THOMAS A. HENDRICKS. This is not a proper occasion to pronounce a eulogy upon the useful life and splendid character of Mr. Hendricks, but he has "been so long conspicuous in the public service — has filled thoroughly and admirably so many places of high trust, including the second in rank in...
Strona 69 - I asked him whether, as a moralist, he did not think that the practice of the law, in some degree, hurt the nice feeling of honesty." Johnson: "Why, no, sir, if you act properly. You are not to deceive your clients with false representations of your opinion. You are not to tell lies to a judge.
Strona 58 - ... without any prepossession to first thoughts ; if we were not always open to conviction, and ready to yield to each other's reasons. We have all equally endeavoured at that unanimity upon this occasion ; we have talked the matter over several times ; I have communicated my thoughts at large in writing, and I have read the three arguments which have now been delivered. In short, we have equally tried to convince, or be convinced, but in vain. We continue to differ...
Strona 75 - US 51), he expressed the judgment of the court that, in the courts of the United States, it is the duty of the jury, in criminal cases, to receive the law from the court and to apply it as given by the court, subject to the condition that, by a general verdict, a jury, of necessity, determines both law and fact as compounded in the issues submitted to them in a particular case.