OpenLLM-France/wikimedia huggingface dataset:
# Nunez v. Dautel

* related portals: Supreme Court of the United States.
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United States Supreme Court
86 U.S. 560
Nunez v. Dautel
ERROR to the Circuit Court for the Southern Destrict of Georgia.
Joseph Dautel sued in the court below, I. M. Nunez and others, trading in partnership as I. M. Nunez & Co. The action was assumpsit, and the suit was brought on the 10th of September, 1870. The declaration contained two counts. The first was upon an instrument described as a due bill, whereby the defendants acknowledged to be due and promised to pay to the plaintiff the sum of $1619.66. The second count claimed the same amount upon an account stated. It appeared by the bill of exceptions that upon the trial the plaintiff gave in evidence an instrument, which was as follows:
'COLUMBUS, GA., September 1st, 1865.
'Due Joseph Dautel, or order, $1619.66, being balance of principal and interest for four years and six months' services. This we will pay as soon as the crop can be sold or the money raised from any other source, payable with interest.
'I. M. NUNEZ & CO.'
The execution of the instrument was admitted. The plaintiff gave no other evidence.
The defendants thereupon 'requested the court to charge the jury that if the plaintiff had proved a special agreement which was still operative, he could not recover for an account stated; whereupon the court charged the jury that the paper introduced did not prove such special agreement, and directed the jury upon the evidence to find a verdict for the plaintiff.' The jury found accordingly, and judgment was entered upon the verdict.
The only point presented for the consideration of this court was whether this instruction was properly given.
Mr. R. J. Moses, for the plaintiff in error, contended that the instruction was erroneous; that in indebitatus assumpsit, the promise, either express or implied, was the gist of the action; that in this case, there being an express promise, none could be implied; that the express promise in the case being conditional, would not alone support the verdict; and that the question in issue had been, as he conceived, adjudged in Tanner v. Smart.
Messrs. J. D. Pope and R. McPhail Smith, contra, citing Smith v. Forty, and other cases.
Mr. Justice SWAYNE, having stated the case, delivered the opinion of the court.

## Notes

* ↑ Buller's Nisi Prius, 129.
* ↑ 6 Barnewall & Creswell, 609.
* ↑ 4 Carrington & Payne, 126.
* ↑ Gibson v. Renne, 19 Wendell, 389; McLemore v. Powell, 12 Wheaton, 554; Creath's Admr. v. Sims, 5 Howard, 192.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Nicene and Post-Nicene Fathers: Series II/Volume V/Apologetic Works/The Great Catechism/Chapter XXII

Chapter XXII.
What, then, under these circumstances is justice? It is the not exercising any arbitrary sway over him who has us in his power, nor, by tearing us away by a violent exercise of force from his hold, thus leaving some colour for a just complaint to him who enslaved man through sensual pleasure. For as they who have bartered away their freedom for money are the slaves of those who have purchased them (for they have constituted themselves their own sellers, and it is not allowable either for themselves or any one else in their behalf to call freedom to their aid, not even though those who have thus reduced themselves to this sad state are of noble birth; and, if any one out of regard for the person who has so sold himself should use violence against him who has bought him, he will clearly be acting unjustly in thus arbitrarily rescuing one who has been legally purchased as a slave, whereas, if he wishes to pay a price to get such a one away, there is no law to prevent that), on the same principle, now that we had voluntarily bartered away our freedom, it was requisite that no arbitrary method of recovery, but the one consonant with justice should be devised by Him Who in His goodness had undertaken our rescue. Now this method is in a measure this; to make over to the master of the slave whatever ransom he may agree to accept for the person in his possession.

## Footnotes

* ↑ Compare a passage in Dionysius Areop. (De eccles. hierarch. c. iii. p. 297). “The boundless love of the Supreme Goodness did not refuse a personal providing for us, but perfectly participating in all that belongs to us, and united to our lowliness, along with an undiluted and unimpaired possession of its own qualities, has gifted us for ever with a communion of kinship with itself, and exhibited us as partners in Its glories: undoing the adverse power of the Rebel throng, as the secret Tradition says, “not by might, as if it was domineering, but, according to the oracle secretly delivered to us, by right and justice” (quoted by Krabinger). To the words “not by might,” S. Maximus has added the note, “This is what Gregory of Nyssa says in the Catechetic.” See next note.
* ↑ one consonant with justice. This view of Redemption, as a coming to terms with Satan and making him a party or defender in the case, is rather remarkable. The Prologue to the Book of Job furnishes a basis for it, where Satan enters into terms with God. It appears to be the Miltonic view: as also that Envy was the first sin of Satan.
# Nicene and Post-Nicene Fathers: Series II/Volume V/Apologetic Works/The Great Catechism/Chapter XXIX

Chapter XXIX.
But they change their ground and endeavour to vilify our faith in another way. They ask, if what took place was not to the dishonour of God or unworthy of Him, why did He delay the benefit so long? Why, since evil was in the beginning, did He not cut off its further progress?—To this we have a concise answer; viz. that this delay in conferring the benefit was owing to wisdom and a provident regard for that which would be a gain for our nature. In diseases, for instance, of the body, when some corrupt humour spreads unseen beneath the pores, before all the unhealthy secretion has been detected on the skin, they who treat diseases by the rules of art do not use such medicines as would harden the flesh, but they wait till all that lurks within comes out upon the surface, and then, with the disease unmasked, apply their remedies. When once, then, the disease of evil had fixed itself in the nature of mankind, He, the universal Healer, waited for the time when no form of wickedness was left still hidden in that nature. For this reason it was that He did not produce his healing for man’s disease immediately on Cain’s hatred and murder of his brother; for the wickedness of those who were destroyed in the days of Noah had not yet burst into a flame, nor had that terrible disease of Sodomite lawlessness been displayed, nor the Egyptians’ war against God, nor the pride of Assyria, nor the Jews’ bloody persecution of God’s saints, nor Herod’s cruel murder of the children, nor whatever else is recorded, or if unrecorded was done in the generations that followed, the root of evil budding forth in divers manners in the wilful purposes of man. When, then, wickedness had reached its utmost height, and there was no form of wickedness which men had not dared to do, to the end that the healing remedy might pervade the whole of the diseased system, He, accordingly, ministers to the disease; not at its beginning, but when it had been completely developed.

## Footnotes

* ↑ θεομαχία, a word often applied by the Greek Fathers to the conduct of the Egyptians, in reference, of course, to Pharaoh.
# Nicene and Post-Nicene Fathers: Series II/Volume V/Apologetic Works/The Great Catechism/Chapter XXV

Chapter XXV.
That Deity should be born in our nature, ought not reasonably to present any strangeness to the minds of those who do not take too narrow a view of things. For who, when he takes a survey of the universe, is so simple as not to believe that there is Deity in everything, penetrating it, embracing it, and seated in it? For all things depend on Him Who is, nor can there be anything which has not its being in Him Who is. If, therefore, all things are in Him, and He in all things, why are they scandalized at the plan of Revelation when it teaches that God was born among men, that same God Whom we are convinced is even now not outside mankind? For although this last form of God’s presence amongst us is not the same as that former presence, still His existence amongst us equally both then and now is evidenced; only now He Who holds together Nature in existence is transfused in us; while at that other time He was transfused throughout our nature, in order that our nature might by this transfusion of the Divine become itself divine, rescued as it was from death, and put beyond the reach of the caprice of the antagonist. For His return from death becomes to our mortal race the commencement of our return to the immortal life.

## Footnotes

* ↑ Exod. iii. 14.
# Nicene and Post-Nicene Fathers: Series II/Volume XII/Leo the Great/Letters/Letter 72

Letter LXXII.
To Faustus, One of the Archimandrites at Constantinople.
(Commending his faith and exhorting him to steadfastness.)
# Nicene and Post-Nicene Fathers: Series II/Volume XII/Leo the Great/Letters/Letter 75

Letter LXXV.
To Faustus and Martinus Together.
(Condemning the Latrocinium and maintaining that Eutyches equally with Nestorius promotes the cause of Antichrist.)
# Nicene and Post-Nicene Fathers: Series II/Volume XII/Leo the Great/Letters/Letter 74

Letter LXXIV.
To Martinus, Another of the Archimandrites at Constantinople.
(Commending his steadfastness in the Faith.)
# Nicene and Post-Nicene Fathers: Series II/Volume XII/Leo the Great/Letters/Letter 71

Letter LXXI.
To the Archimandrites of Constantinople.
(Complaining of Anatolius’ silence.)
# Nicene and Post-Nicene Fathers: Series II/Volume XII/Leo the Great/Letters/Letter 73

Letter LXXIII.
From Valentinian and Marcian.
(Announcing their election as Emperors (a.d. 450), and asking his prayers that (per celebrandam synodum, te auctore), peace may be restored to the Church.)

## Footnotes

* ↑ Valentinian III. had been nominally Emperor of the West since 425, but his mother’s (Galla Placidia) death this year compelled him to rule as well as have the name of ruler: almost simultaneously in the East the death of Theodisius II. brought to the front his sister Pulcheria and her soldier husband Marcian.
# Nicene and Post-Nicene Fathers: Series II/Volume XII/Leo the Great/Letters/Letter 70

Letter LXX.
To Pulcheria Augusta.
(In which he again says he is waiting for Anatolius’ acceptance of Cyril’s and his own statement of the Faith, and looks forward to a Synod in Italy.)
# Nicene and Post-Nicene Fathers: Series II/Volume XII/Leo the Great/Letters/Letter 67

Letter LXVII.
To Ravennius, Bishop of Arles.
To his dearly-beloved brother Ravennius, Leo the pope.
We have kept our sons Petronius the presbyter, and Regulus the deacon, long in the City, both because they deserved this from their favour in our eyes, and because the needs of the Faith, which is now being assailed by the error of some, demanded it. For we wished them to be present when we discussed the matter, and to ascertain everything which we desire through you, beloved, should reach the knowledge of all our brethren and fellow-bishops, specially deputing this to you, dear brother, that through your watchful diligence our letter, which we have issued to the East in defence of the Faith, or else that of Cyril of blessed memory, which agrees throughout with our views, may become known to all the brethren; in order that being furnished with arguments they may fortify themselves with spiritual strength against those who think fit to insult the Lord’s Incarnation with their misbeliefs. You have a favourable opportunity, beloved brother, of recommending the commencement of your episcopacy to all the churches and to our God, if you will carry out these things in the way we have charged and enjoined you. But the matters which were not to be committed to paper, in reliance on God’s aid, you shall carry out effectually, as we have said, and laudably, when you have learnt about them from the mouths of our aforesaid sons.  God keep you safe, dearest brother.  Dated 5th of May, in the consulship of the most glorious Valentinianus (for the 7th time) and of the famous Avienus (450).

## Footnotes

* ↑ This letter, together with Letters XL., LXV. and LXVI., are found only in the Collection of Arles (numbered XV. by the Ballerinii).
* ↑ Vel can hardly equal et as the Ball. would wish. So that here Leo recommends either his own Tome or Cyril’s second letter to Nestorius. Cf. Letter LXIX., chap. i. below; also Letter LXX.
# O. Henry Memorial Award Prize Stories, 1919

The stories in this collection were first published in 1919. This collection was published in 1920.
O. Henry Memorial Award
PRIZE STORIES
1919
CHOSEN BY THE SOCIETY OF ARTS AND SCIENCES
O. HENRY MEMORIAL
AWARD
PRIZE STORIES
1919
O. HENRY MEMORIAL AWARD
PRIZE STORIES
1919
CHOSEN BY THE SOCIETY OF ARTS AND SCIENCES
WITH AN INTRODUCTION BY BLANCHE COLTON WILLIAMS
Garden City New York
DOUBLEDAY, PAGE & COMPANY
1920
COPYRIGHT, 1920, BY DOUBLEDAY, PAGE & COMPANY. ALL RIGHTS RESERVED, INCLUDING THAT OF TRANSLATION INTO FOREIGN LANGUAGES, INCLUDING THE SCANDINAVIAN
Copyright, 1918, by Harper & Brothers.
Copyright, 1919, by The Crowell Publishing Company, Street & Smith Corporation, The Atlantic Monthly Company, The Curtis Publishing Company, New Fiction Publishing Company, The Ridgway Company, The Ainslee Magazine Company, International Magazine Company, The Pictorial Review Company, The Century Company.
CONTENTS
THE COUNTRY LIFE PRESS GARDEN CITY, N. Y.
This work is in the public domain in the United States because it was published before January 1, 1929.
The longest-living author of this work died in 1978, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 45 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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# O'erwhelmed in depths of woe

Also known as Hymn for Good Friday, this translation of the Latin hymn Saevo dolorum turbine was first published in Caswall's Lyra Catholica, 1849.
* "Hymn for Good Friday" in Catholic Hymns (1st ed.), 1853.
* "Hymn for Good Friday" in Catholic Hymns (2nd ed.), 1860.
# O, Christmas Tree (unsourced)

* related portals: Song lyrics, Christmas.
* sister projects: Wikipedia article.
O Tannenbaum
Version I
O Christmas Tree O, Christmas Tree, Your branches green delight us. O Christmas Tree, O Christmas Tree, Your branches green delight us. They're green when summer days are bright; They're green when winter snow is white. O, Christmas Tree, O, Christmas Tree, Your branches green delight us!
O Christmas Tree, O Christmas Tree, You give us so much pleasure! O Christmas Tree, O Christmas Tree, You give us so much pleasure! How oft at Christmas tide the sight, O green fir tree, gives us dlight! O Christmas Tree, O Christmas Tree, You give us so much pleasure!
O Christmas Tree, O Christmas Tree, Your branches green delight us. O Christmas Tree, O Christmas Tree, Your branches green delight us. They're green when summer days are bright; They're green when winter snow is white. O Christmas Tree, O Christmas Tree, Your branches green delight us!
Version II
O Christmas tree, O Christmas tree! How are thy leaves so verdant! O Christmas tree, O Christmas tree, How are thy leaves so verdant! Not only in the summertime, But even in winter is thy prime. O Christmas tree, O Christmas tree, How are thy leaves so verdant!
O Christmas tree, O Christmas tree, Much pleasure dost thou bring me! O Christmas tree, O Christmas tree, Much pleasure dost thou bring me! For every year the Christmas tree, Brings to us all both joy and glee. O Christmas tree, O Christmas tree, Much pleasure doth thou bring me!
O Christmas tree, O Christmas tree, Thy candles shine out brightly! O Christmas tree, O Christmas tree, Thy candles shine out brightly! Each bough doth hold its tiny light, That makes each toy to sparkle bright. O Christmas tree, O Christmas tree, Thy candles shine out brightly!
This work was published before January 1, 1929, and is in the public domain worldwide because the author died at least 100 years ago.
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# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book I
## Contents

* Prologue
* Chapter 1
* Chapter 2
* Chapter 3
* Chapter 4
* Chapter 5
* Chapter 6
* Chapter 7
* Chapter 8
* Chapter 9
* Chapter 10
* Chapter 11
* Chapter 12
* Chapter 13
* Chapter 14
* Chapter 15
* Chapter 16
* Chapter 17
* Chapter 18
* Chapter 19
* Chapter 20
* Chapter 21
* Chapter 22
* Chapter 23
* Chapter 24
* Chapter 25
* Chapter 26
* Chapter 27
* Chapter 28
* Chapter 29
* Chapter 30
* Chapter 31
* Chapter 32
# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History
## Contents

* Book I
* Book II
* Book III
* Book IV
* Book V
# Nicene and Post-Nicene Fathers: Series II/Volume III/Theodoret/Ecclesiastical History/Book I/Chapter 10

Chapter X.—The daily wants of the Church supplied by the Emperor, and an account of his other virtues.
Thus did the emperor write to the absent. To those who attended the council, three hundred and eighteen in number, he manifested great kindness, addressing them with much gentleness, and presenting them with gifts. He ordered numerous couches to be prepared for their accommodation and entertained them all at one banquet. Those who were most worthy he received at his own table, distributing the rest at the others. Observing that some among them had had the right eye torn out, and learning that this mutilation had been undergone for the sake of religion, he placed his lips upon the wounds, believing that he would extract a blessing from the kiss. After the conclusion of the feast, he again presented other gifts to them. He then wrote to the governors of the provinces, directing that provision-money should be given in every city to virgins and widows, and to those who were consecrated to the divine service; and he measured the amount of their annual allowance more by the impulse of his own generosity than by their need. The third part of the sum is distributed to this day. Julian impiously withheld the whole. His successor conferred the sum which is now dispensed, the famine which then prevailed having lessened the resources of the state. If the pensions were formerly triple in amount to what they are at present, the generosity of the emperor can by this fact be easily seen.
I do not account it right to pass over the following circumstance in silence. Some quarrelsome individuals wrote accusations against certain bishops, and presented their indictments to the emperor. This occurring before the establishment of concord, he received the lists, formed them into a packet which he sealed with his ring, and ordered them to be kept safely. After the reconciliation had been effected, he brought out these writings, and burnt them in their presence, at the same time declaring upon oath that he had not read a word of them. He said that the crimes of priests ought not to be made known to the multitude, lest they should become an occasion of offence, and lead them to sin without fear. It is reported also that he added that if he were to detect a bishop in the very act of committing adultery, he would throw his imperial robe over the unlawful deed, lest any should witness the scene, and be thereby injured. Thus did he admonish all the priests, as well as confer honours upon them, and then exhorted them to return each to his own flock.

## Footnotes

* ↑ Jovian.
# O sweet spontaneous

First published in The Dial, May 1920.
This work is in the public domain in the United States because it was published before January 1, 1929.
The longest-living author of this work died in 1962, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 61 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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# O that I had ne'er married

"The first verse and chorus of this is a fragment of an old song to the tune of 'Crowdie.' The second verse was added by Burns." —Alexander Whitelaw, The Book of Scottish Song (1843)
* "The Matrimonial Song" in Adventures of John o' Badenyon, in pursuit of happiness (1810-1825)
* "O that I had ne'er married" in The Book of Scottish Song (1843)
# Nobody knows this little Rose—

Published as "To Mrs — —, with a Rose" in the Springfield Daily Republican (1858)
Nobody knows this little rose;  It might a pilgrim be, Did I not take it from the ways,  And lift it up to thee!
Only a bee will miss it;  Only a butterfly, Hastening from far journey,  On its breast to lie.
Only a bird will wonder;  Only a breeze will sigh; Ah! little rose, how easy  For such as thou to die!
# Nobody Knows (and Nobody Seems to Care)

[1st verse:]
I'm sad and lonely
There's a good reason why
Nobody cares about me
That's why I'm sad as can be
I long for someone
Somebody, yes indeed
Lovin' kisses from one
Is exactly what I need
[Refrain:]
Many's the time I feel so lonesome
But nobody knows
And nobody cares
I've grown so tired of being by my "own-some"
I want somebody to hug
Cuddle and snug as comfy as a bug in a rug
Many's the time I feel like spooning
But nobody knows
And nobody cares
I guess I'll make out a little "ad"
That I want some lovin' so bad
'Cause nobody knows
And nobody seems to care
[2nd verse:]
I'd love a sweetie
Hanging around the place
Someone to worry about
I'd never want to go out
My home is gloomy
Nobody's there that's why
This work is in the public domain in the United States because it was published before January 1, 1929.
The longest-living author of this work died in 1989, so this work is in the public domain in countries and areas where the copyright term is the author's life plus 34 years or less. This work may be in the public domain in countries and areas with longer native copyright terms that apply the rule of the shorter term to foreign works.
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# Northern Pacific Company v. Booth

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
152 U.S. 671
Northern Pacific Company v. Booth
James McNaught, A. H. Garland, and Heber J. May, for plaintiff in error.
C. D. O'Brien, for defendant in error.
Mr. Chief Justice FULLER.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse
# Northern Pacific Company v. Egeland

* related portals: Supreme Court of the United States.
* sister projects: Wikidata item.
United States Supreme Court
163 U.S. 93
Northern Pacific Company v. Egeland
C. W. Bunn, for plaintiff in error.
H. J. Gjertsen, for defendant in error.
Mr. Justice PECKHAM delivered the opinion of the court.

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
Public domainPublic domainfalsefalse