Ablative case

“ The patient or parties interested are proved by the attempt to have supposed pregnancy existing, and to have behaved as though this were the fact.
The age of the patient is not of consequence; nor is that of the fœtus, save as corresponding with the alleged period of pregnancy, in case any doubt exist as to its own identity or that of the mother, and as bearing on the statement we have already attempted to prove, that criminal abortion [50] is comparatively rare after the period of quickening, and, therefore, on the probability of intent. ”

“ We do not find it necessary to repeat the argument that was made in that case, but we think it was especially misleading for the court to charge the jury that, from the fact of absconding, they might infer the fact of guilt, and that flight 'is a silent admission by the defendant that he is unwilling or unable to face the case against him. It is in some sense, feeble or strong, as the case may be, a confession ”

“ Liable as the profession are at any time to this charge, and easy as it is in almost every case, especially of instrumental procedure, for us to take such preliminary measures as would be likely to settle the question of the existence of pregnancy, or to request the presence of a witness to our act, it is unjust to ourselves and to each other to omit these precautions. ”

“ If you lay the state of your case before any of them, and your brother come to inquire of them, your uncle's intended mediation will be discovered, and rendered abortive —I shall appear in a light that I never appeared in, in my life—for these women may not think themselves obliged to keep the secret. ”

“ But in our case, from what has been conceded by the lawyers for the Defence, the husband is not permitted by law to kill with impunity his wife, after an interval, for adultery. But he is permitted by law to slay the vile adulterer and his adulterous wife only when taken in adultery. How then can these authorities be applied to our case? For they hold good and find a place for themselves only in a case permitted by law. ”

“ Every person who shall administer to any woman pregnant with a quick child, any medicine, drug, or substance whatever, or shall use or employ any instrument, or other means, with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, or shall have been advised by two physicians to be necessary for such purpose, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter. ”

“ Plaintiff must present objective evidence of permanent injury because damages for temporary injuries are not recoverable. Brooks, supra, 150 N.J. at 403, 696 A.2d 619.
Where plaintiff's medical proofs support a claim of permanent injury that is based on objective evidence and not merely on subjective complaints, such evidence raises an issue for the jury, and removes the case from the realm of summary judgment. ”

“ This was very apparent in a contested will case, where five medical men testified to the mental capacity of a chronic inebriate who willed his property to a mistress. The judge declared he should act on his own judgment, and decide the man unsound and incapable. A man set fire to a church without apparent motive. ”

“ The court remarked that it thought that the evidence then in in the case was sufficient, and that it must deny the defendant's motion, and grant the plaintiff's motion. The defendant then asked the court to direct a verdict for the defendant, on the ground that there was no evidence that the intestate lost his life by reason of the collision, or by the negligence of the defendant. ”

“ In a subsequent case against the same practitioner, Bayley, B., said to the jury, “I have no hesitation in saying for your guidance, that if a man be guilty of gross neglect in attending to his patient after he has applied a remedy, or of gross rashness in the application of it, and death ensues in consequence, he will be liable to a conviction for manslaughter.” “I consider rashness will be sufficient to make it manslaughter. ”

“ The penalty for adultery is death to both, at husband's option -- disfigurement by cutting off the nose of the guilty woman, an archaic practice widely spread. In one case the adulterous lady is left the choice of her own death. ”

“ The alimony record is produced for the benefit of an allegation in the petition, that Zulime was the wife of Desgrange. But averments in such papers are treated as the suggestions of counsel, and are not evidence. 1 Stark., 337; Gres. Eq. Ev., 424, 425. The judgment is not evidence, because marriage, in such a case, is only collaterally in question. ”

“ Impotence and sterility may arise from organic or from functional causes, and may be curable or incurable. Impotence (q.v.) is taken cognisance of by the law courts as a ground of divorce, and might, of course, be urged as a defence in a case of rape. Sterility is not a ground of divorce, but might be a question of importance in cases of legitimacy.
6. Pregnancy.—This subject presents one of the widest fields for medico-legal evidence. The limits of age between which it is possible, the limits of utero-gestation, and the signs of pregnancy may all in turn be the subjects of investigation. ”

“ Our conclusion upon this branch of the case is that the appeal was properly taken, and that it calls for a re-examination of the grounds upon which the petition for a separation of the conjugal property and alimony pendente lite was denied.
2. In her complaint the plaintiff charges abandonment by her husband without cause, and also adultery with three women, by each of whom he had children, and which resulted in public scandal and the disgrace of the plaintiff. ”

“ This was a case on appeal by the original defendant who had been sued for damage for debauching the plaintiff's daughter. The defendant won on the ground of connivance of the parents of the girl. "We lay out of view," says the court, "the custom which it is agreed prevails in that part of the country for young people, who are courting, to sleep together." "Nor is it an excuse for the parent to say that promises of marriage had been exchanged." Cf. also Stiles, Origin and Hist. of Bundling, 44 ff., 109-11. ”

“ It concerns a plea for help in the rearing of a child.
This case had already been tried at the last Court Session, and the protocols of the former suit are being read; therefore one learns that the plaintiff is a poor farmer's daughter and the defendant is a married man. ”

“ Graves, (14 How., 510,) and of Jones v. League, (18 How., 76,) it is supposed, do not apply to a case like this. The objection does not present any question of disability of the plaintiff, or of privilege of the defendant. ”

“ Mrs. Mabworthy, prompted by her sex, fortune, and solicitor to appeal, the matter was brought before the Court of Appeal, which decided that the word “ordinary” was equivalent to the word “reasonable.” Judgment for the defendant, with costs. Mrs. Mabworthy, at the instigation of the Devil, sold a reversion and carried the matter to the House of Lords, where it was laid down that “a Short Story should be of such length as would be found tolerable by any man of ordinary firmness and courage.” Judgment for the defendant.
The next case is the case of ”

“ Even the clearest and most perfect circumstantial evidence is likely to be at fault, after all, and therefore ought to be received with great caution. Take the case of any pencil, sharpened by any woman: if you have witnesses, you will find she did it with a knife; but if you take simply the aspect of the pencil, you will say she did it with her teeth.—Pudd’nhead Wilson’s Calendar. ”

“ which ought seldom, if ever, to be decided in the affirmative, in a doubtful case.' 'The opposition between the constitution and the law should be such, that the judge feels a clear and strong conviction of their incompatibility with each other.' And in the Dartmouth College case, 4 Wheat. ”

“ "Oh, my friend, have I not said to you all along that I have no proofs. It is one thing to know that a man is guilty, it is quite another matter to prove him so. And, in this case, there is terribly little evidence. That is the whole trouble. ”

“ That the tragical fate of Tom, also, has too many times had its parallel, there are living witnesses, all over our land, to testify. Let it be remembered that in all southern states it is a principle of jurisprudence that no person of colored lineage can testify in a suit against a white, and it will be easy to see that such a case may occur, wherever there is a man whose passions outweigh his interests, and a slave who has manhood or principle enough to resist his will. There is, actually, nothing to protect the slave's life, but the character of the master. ”

“ This practice of Judge Marshall, of travelling out of his case to prescribe what the law would be in a moot case not before the court, is very irregular and very censurable. ”

“ If we treated these narratives as sceptics would have us treat these of the sacred writers, what evidence should we have of any battle at Aumale, or of any flight to Varennes?58.Far greater discrepancies can be found in the different reports of the same case, given by the reporters of legal judgments than are shown among the evangelists; ”

“ It is well known that on every question the lawyers are about equally divided, as is seen in the present case, and were we to act but in cases where no contrary opinion of a lawyer can be had, we should never act. ”

“ The flagrant disregard in the courtroom of elementary standards of proper conduct should not and cannot be tolerated. We believe trial judges confronted with disruptive, contumacious, stubbornly defiant defendants must be given sufficient discretion to meet the circumstances of each case. ”

“ he justifieth the ungodly.
When a counsellor comes into court, if he is an honest man, he desires to plead the case of an innocent person and justify him before the court from the things which are falsely laid to his charge. It should be the lawyer's object to justify the innocent person, and he should not attempt to screen the guilty party. It lies not in man's right nor in man's power truly to justify the guilty. This is a miracle reserved for the Lord alone. ”

“ Some one said the other day that there was a divorce and a case of appendicitis in every family one knows. ”

“ Now and then an extraordinary case may turn up, but constitutional law, like other mortal contrivances, has to take some chances, and in the great majority of instances, no doubt, justice will be done. ”

“ In the next year power was given to the court to dismiss any person, with whom a party to the suit was alleged to have committed adultery, from the suit if there should not appear to be sufficient evidence against him or her, the object being to allow such person to give evidence; and in 1859 it was provided that, on a petition by a wife for a divorce on the grounds of cruelty or desertion with adultery, the husband and wife could be competent and compellable witnesses as to the cruelty or desertion. ”

“ It is the province of the part of Grammar called Accidence to tell us what are the Inflexions of a word. It is the province of the part called Syntax to tell us how and when to use them.
The different inflexions that a Noun can take are called its Declensions, and to give the inflexions of a Noun is to Decline it. The different inflexions that a Verb can take are called its Conjugations, and to give the inflexions of a Verb is to Conjugate it.
§ 13. Inflexion of Nouns.—Nouns belong to different Genders; and their inflexions denote differences of Number and Case. ”

“ In trials for abortion, of all others, the medical witness and the advocate should bear in mind their liability to error; the juror and the judge the fact that innocent persons are at times wrongly accused, often by the true criminals themselves. ”

“ In treating this part of the subject, I will adopt, as far as possible, an arrangement founded on legal principles, and consider, in the first place, the medical proofs in offences against the person—as murder, manslaughter, assaults, and procuring abortion; and then proceed to examine the evidence in cases of disputed legitimacy—feigned and suspected pregnancy—impotence and sterility—life insurance—unsoundness of mind, and public nuisances. Each will require a distinct consideration; as the nature of the medical evidence, and its object, are in some respects different in all. ”

“ But for their right to judge of the law, and the justice of the law, juries would be no protection to an accused person, even as to matters of fact; for, if the government can dictate to a jury any law whatever, in a criminal case, it can certainly dictate to them the laws of evidence. ”

“ It provides for five specific causes of canonical impediments for which a marriage may be invalidated or pronounced null, with a general provision for others of a like kind, without mentioning any civil disability for which a marriage is null and void, and declares that a married woman, for such causes of canonical impediment, even though her marriage on account of them was not valid, should not prevent the husband of that invalid marriage from accusing her of adultery, and the person also with whom she may have offended. ”

“ The Criminal Law Amendment Act 1885 made still more stringent provisions with reference to abduction by making the procuration or attempted procuration of any virtuous female under the age of twenty-one years a misdemeanour, as well as the abduction of any girl under eighteen years of age with the intent that she shall be carnally known, or the detaining of any female against her will on any premises, with intent to have, or that another person may have, carnal knowledge of her. ”