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Updated: May 5, 2025
I mention all this, not to make myself wantonly disagreeable, but because military persons, thinking naturally that there is nothing like leather, are now talking of this war as likely to become a permanent institution like the Chamber of Horrors at Madame Tussaud's, forgetting, I think, that the rate of consumption maintained by modern military operations is much greater relatively to the highest possible rate of production maintainable under the restrictions of war time than it has ever been before.
4 But during the reign of Nero, in the consulate of Trebellius Maximus and Annaeus Seneca, a senatusconsult was passed providing that, when an inheritance is transferred in pursuance of a trust, all the actions which the civil law allows to be brought by or against the heir shall be maintainable by and against the transferee: and after this enactment the praetor used to give indirect or fictitious actions to and against the transferee as quasiheir.
If water be poured into a very hot copper flask, the flask may be corked up, as there will be scarce any steam produced so long as the high temperature is maintained; but so soon as the temperature is suffered to fall below 350° or 400°, the spheroidal condition being no longer maintainable, steam is generated with rapidity, and the cork will be projected from the mouth of the flask with great force.
So, then, Sir, even supposing the Constitution to be a compact between the States, the gentleman's doctrine, nevertheless, is not maintainable; because, first, the general government is not a party to that compact, but a government established by it, and vested by it with the powers of trying and deciding doubtful questions; and secondly, because, if the Constitution be regarded as a compact, not one State only, but all the States, are parties to that compact, and one can have no right to fix upon it her own peculiar construction.
The action is, however, not maintainable at the suit of a fuller or tailor, unless he is solvent, that is to say, unless he is able to fully indemnify the owner; if he is insolvent, the owner cannot recover from him, and so can maintain an action against the thief, being, on this hypothesis, interested in the recovery of the property.
Of that committee, each approached his task with that instinctive bias, inseparable from ardent minds, excited by a darling hope. They read the precedents, the cases, the arguments and judgments applicable to their enquiry with the aid of such a hope, and still they came to the reluctant decision that the ground taken against the authority of the British Parliament was not maintainable.
Holt originated the aphorism that "slaves cannot breathe in England:" this was in the famous Somerset case, where a slave was sold and the vendor sued for his money, laying the issues at Mary-le-Bow in London, and describing the negro as "there sold and delivered." The chief-justice said that the action was not maintainable, as the status of slavery did not exist in England.
This second part of the operation, which, as before observed, is essentially a process of interpretation, will be resolvable into a syllogism or a series of syllogisms, the majors of which will be general propositions embracing whole classes of cases; every one of which propositions must be true in all its extent, if the argument is maintainable.
17 As a depositary is not answerable for the safe keeping of the thing deposited, but only for fraud, and, if it is stolen, is not compellable to make restitution by action of deposit, he has no interest if it is lost, and therefore the action of theft is maintainable only by the depositor.
Against the united evidence of Sturk and Irons, two independent witnesses, the crown were of opinion that no defence was maintainable by the wretch, Archer. The two murders were unambiguously sworn to by both witnesses.
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