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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. …
 
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