The Revised Reports: Being a Republication of Such Cases in the English Courts of Common Law and Equity, from the Year 1785, as are Still of Practical Utility. 1785-1866, Volum 59Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead Sweet & Maxwell, limited, 1903 |
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afterwards Allen annuity appears apply appointed argument authority Beav bill canon law Church circumstances claim codicil common law considered contract per verba costs Court of Chancery covenant daughters death debts decease decision declared decree deed defendant directed doubt Ecclesiastical England entitled evidence executed executors father fund gift guardians heirs held holy orders House husband infant intention interest issue James judgment Justice L. J. Ch lands learned Judges lease legacies legatee lien LORD BROUGHAM LORD CAMPBELL LORD CHANCELLOR Lord COTTENHAM Lord ELDON Lord LANGDALE Lordships marriage married Master MILLIS mortgage opinion paid parties payment Pemberton personal estate petitioner Philip Allen plaintiff possession present priest proceedings purchaser purpose question referred remainder rents residuary respect Rolls Court rule settlement solemnised solicitor statute testator's thereof trustees valid verba de præsenti vested void Westby widow wife William William Hotham witnesses words
Passatges populars
Pàgina 90 - ... to establish a defence on the ground of insanity, it must be clearly proved that at the time of the committing of the act the party accused was labouring under such a defect of reason from disease of the mind, as not to know the nature and quality of the act he was doing, or if he did know it, that he did not know he was doing what was wrong.
Pàgina 91 - If his delusion was that the deceased had inflicted a serious injury to his character and fortune, and he killed him in revenge for such supposed injury, he would be liable to punishment...
Pàgina 85 - Can a medical man conversant with the disease of insanity, who never saw the prisoner previously to the trial, but who was present during the whole trial and the examination of all the witnesses, be asked his opinion as to the state of the prisoner's mind at the time of the commission of the alleged crime? or his opinion whether the prisoner was conscious at the time of doing the act that he was acting contrary to law, or whether he was labouring under any and what delusion at the time?
Pàgina 90 - ... at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or if he did know it, that he did not know that he was doing what was wrong.
Pàgina 89 - ... (notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit) he is nevertheless punishable, according to the nature of the crime committed, if he knew, at the time of committing such crime, that he was acting contrary to law; by which expression we understand your Lordships to mean the law of the land.
Pàgina 343 - ... said Councils and the Representatives of the people so to be summoned as aforesaid, to make, constitute, 'and ordain laws, statutes, and ordinances for the public peace, welfare, and good government of our said colonies, and of the people and inhabitants thereof, as near as may be agreeable to the laws of England...
Pàgina 90 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable; and the usual course therefore has been to leave the question to the jury, whether the party accused had a sufficient degree of reason to know that he was doing an act that was wrong: and this course we think is correct, accompanied with such 258 MENTAL DISEASE OR DEFECT observations and explanations as the circumstances of each particular...
Pàgina 90 - ... a person alleged to be afflicted with insane delusion respecting one or more particular subjects or persons is charged with the commission of a crime (murder, for example), and insanity is set up as a defence?' And, thirdly: 'In what terms ought the question to be left to the jury as to the prisoner's state of mind at the time when the act was committed?
Pàgina 107 - That from henceforth any estate pur outer vie shall be devisable by a will in writing, signed by the party so devising the same, or by some other person in his presence and by his express directions, attested and subscribed in the presence of the devisor...
Pàgina 91 - In answer thereto, we state to your Lordships, that we think the medical man, under the circumstances supposed, cannot in strictness be asked his opinion in the terms above stated, because each of those questions involves the determination of the truth of the facts deposed to, which it is for the jury to decide, and the questions are not mere questions upon a matter of science, in which case such evidence is admissible. But where the facts are admitted or not disputed, and the question becomes substantially...