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5b. An agreement induced by fraud cannot stand. Dig. 2, 14, 7, s. 9. 5c. Those things which are impossible to be given, or which are not in the nature of things, are regarded as no part of an agreement. Dig. 50, 17, 135. 5i. Nothing can be effected by an agreement that there shall be no accountability for fraud. Dig. 2, 14, 27, 3; Broom, Max. 3d. L…
 
45a. Where truth is, fiction of law does not exist. Black’s 494; Bouv. 127. 45d. In the fiction of law there is always equity; a legal fiction is always consistent with equity. 11 Coke, 51a; Broom, Max. 127, 130. 45f. Fictions arise from the law, and not law from fictions. Bouv. 136. 45g. Fiction of law is wrongful if it works loss or injury to any…
 
95b. Every general principle [or maxim of law] is its own pledge or warrant; and things that are clearly true are not to be proved. Branch, Princ.; Co. Litt. 11. 95c. The exception to the rule should not destroy the rule. C.L.M. An exception proves the existence of a rule. Groves, 40 U.S. 449, 505. 95h. As to things not apparent, and those not exis…
 
77d. Every one may renounce or relinquish a right introduced for his own benefit. 2 Inst. 183; Wing. Max. p. 483, max. 123; 4 Bl. Comm. 317; The People v. Van Rensselaer, 9 N.Y. 291, 333. 77i. He who has the legal right to do the greater or more important act shall not be debarred from the lesser act. 4 Coke, 23; Dig. 50, 17, 21; Broom, Max. 176; C…
 
50a. Good faith does not suffer the same thing to be demanded twice; and in making satisfaction [for a debt or demand] it is not allowed to be done more than once. 9 Coke, 53; Dig. 50, 17, 57. 50b. By good faith a possessor makes the fruits consumed his own. Tray. Max. 57. 50c. Good faith demands that what is agreed upon shall be done. Dig. 19, 20,…
 
65a. It matters not what is known to the judge, if it is not known to him judicially. 3 Bulstr. 115; Best, Ev. Introd. 31, s. 38. 65b. The decree (or act) of a court shall prejudice no man. Jenk. Cent. 118; C.L.M. 65e. It is the duty of a good judge to prevent litigations, that suit may not grow out of suit, and it concerns the welfare of a state t…
 
2a. The frequency of an act effects much. 4 Coke (Sir Edward Coke’s English King’s Bench Reports), 78; Wing. Max. 192 (Wingate’s Maxims of Law). 2f. Things that are done simultaneously with an act are supposed to be inherent in it; to be a constituent part of it. Co. Litt. 236b (Coke on Littleton). 2i. Where there is no act, there can be no force. …
 
64a. A judgement given by one who is not the proper judge is of no force and should not harm any one. 10 Coke, 70, 766; Bouv. 133; Fleta, 1. 6, c. 6, s. 7; Broom, Max. 92. 64f. The judge in his decision ought to follow the rule, when the exception is not provided. Black’s, 2d. 669; Bouv. 133. 64h. Nothing in law is more intolerable than that the sa…
 
88a. It is not a new thing that prior statutes shall give place to later ones. Dig. 1. 3. 26; 1. 1. 4; Broom, Max. 3d. Lond. ed 27. 88d. A particular case, left unprovided for by statute, must be disposed of according to the law as it existed prior to such statute. Broom, Max. 46. 88e. Things introduced contrary to the reason of law ought not to be…
 
7a. When the form is not observed, it is inferred that the act is annulled. 12 Coke, 7. 7b. It matters not whether a revocation be by words or by acts. Cro. Car. 49; Branch, Princ. 7e. Laws are abrogated or repealed by the same authority by which they are made. Broom, Max. 3d Lond. ed. 785. 7h. To derogate from a law is to take away part of it; to …
 
29g. Out of fraud no action arises; A right of action cannot arise out of fraud. Phelps v. Decker, 10 Mass. 276. Broom, Max. 349 29i. Once a fraud, always a fraud. 13 Vin. Abr. 539 29j. What otherwise is good and just, if it be sought by force and fraud, becomes bad and unjust. 3 Coke, 78. 29k. He is not deceived who knows himself to be deceived. 5…
 
11a. A delegated power cannot be again delegated. 2 Inst. 597; Black’s 2d. 347; 2 Bouv. Inst. n. 1300. A deputy cannot have (or appoint) a deputy. Story, Ag. s. 13; 9 Coke, 77; 2 Bouv. Inst. n. 1936. 11f. Power can never be delegated which the authority said to delegate never possessed itself. N.J. Steam Co. v. Merch Bank, 6 How. (47 U.S.) 344, 407…
 
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