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Updated: May 28, 2025
For the moment, the polite clamour of the raffle hushed itself the winning number was being drawn. The guests held their breath, and in the ensuing silence Magnus and the others heard these words distinctly: ".... It follows that the title to the lands in question is in the plaintiff the Pacific and Southwestern Railroad, and the defendants have no title, and their possession is wrongful.
And thus we are confronted with the question, What possible analogy could have been found between a wrongful act producing harm, and a failure to act at all? I attempt to answer it, let me illustrate a little further by examples of somewhat later date.
Meantime the committee of safety, earnestly denying any wrongful act or purpose, sent an urgent appeal for protection to the commander of the United States forces at Fort Leavenworth, another to Congress, and a third to President Pierce. Amid all this warlike preparation to keep the peace, no very strict military discipline could be immediately enforced.
In a criminal case he would have been inexpressibly shocked by a wrongful conviction, and would have felt that he had failed in his duty if a conviction had not taken place when the evidence was sufficient. In a civil case, he felt that he had done his work when he had secured fair play by a proper presentation of the question to the jury.
Sovereigns have always enjoyed immunity from suit by private persons, unless they have been pleased to assent thereto, not because it is less wrongful for a sovereign than for an individual to cheat, but because the sovereign cannot be arrested and the individual can. With the Declaration of Independence the thirteen colonies became sovereigns.
The point of especial importance, it will be remembered, was the oath. Assuming that as the first step we find a procedure kindred to that of the early German folk-laws, the more important question is whether we find any principles similar to those which have just been explained. One of these, it will be remembered, concerned wrongful transfer by the bailee.
There was a widely-spread but entirely wrongful idea in the Monarchy that the Archduke had drawn up a programme of his future activities. This was not the case. He had very definite and pronounced ideas for the reorganisation of the Monarchy, but the ideas never developed into a concrete plan they were more like the outline of a programme that never was completed in detail.
Curiously enough the excitement was due less to the fact that an innocent man was in danger of a wrongful conviction than to the interest taken in their own ideas as to the Mystery of The Yellow Room. Each had his explanation to which each held fast.
1 This action is maintainable only where the robbery is attended with wrongful intention; consequently, if a man by mistake thought that property was his own, and, in his ignorance of law, forcibly carried it off in the belief that it was lawful for an owner to take away, even by force, a thing belonging to himself from a person in whose possession it was, he cannot be held liable to this action; and similarly on principle he would not in such a case be suable for theft.
John, he tells us how he is despairing in his mind on accounts of a certain fair young person, and how, if I hadn't found him out, he was going away to seek his fortune far and wide, and had fully meant never to come to life, but to leave the property as our wrongful inheritance for ever and a day. At which you never see a man so frightened as my Noddy was.
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