The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, 49권Bancroft-Whitney, 1885 |
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82 페이지
... error of the petitioner is in supposing that any specific por- tion of the money is his property . Such portion only of the money collected will be his property as the court may fix ; and until so fixed , he has no such right of ...
... error of the petitioner is in supposing that any specific por- tion of the money is his property . Such portion only of the money collected will be his property as the court may fix ; and until so fixed , he has no such right of ...
90 페이지
... error . - " If this were an executory contract to convey , and the purchaser sought to enforce a conveyance upon payment of the consideration , equity might refuse to do so ; but where she has received the consideration , and executed ...
... error . - " If this were an executory contract to convey , and the purchaser sought to enforce a conveyance upon payment of the consideration , equity might refuse to do so ; but where she has received the consideration , and executed ...
95 페이지
... error . In and of themselves the books were not admissible for the pur- pose of proving partnership . Until there was evidence of the fact , at the times of the entries on the books , the entries are to be regarded as res inter alios ...
... error . In and of themselves the books were not admissible for the pur- pose of proving partnership . Until there was evidence of the fact , at the times of the entries on the books , the entries are to be regarded as res inter alios ...
113 페이지
... error . McCollum and Watson , for defendant in error . GORDON , J. This case presents two main questions for our con- sideration and resolution , and these being determined , all others raised by the assignments may be passed as of ...
... error . McCollum and Watson , for defendant in error . GORDON , J. This case presents two main questions for our con- sideration and resolution , and these being determined , all others raised by the assignments may be passed as of ...
116 페이지
... error . Williams and Angle , for defendants in error . The defend- MERCUR , C. J. It is true a deed from a husband directly to his wife is a nullity at common law . Under modern legislation and the application of equitable principles ...
... error . Williams and Angle , for defendants in error . The defend- MERCUR , C. J. It is true a deed from a husband directly to his wife is a nullity at common law . Under modern legislation and the application of equitable principles ...
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action affirmed agent agreement alleged amount answer appear appellant appellee applied authority Bank cars cause charge church circumstances cited City claim common condition consideration considered Constitution construction contract corporation court damages decision defendant delivered determine duty effect error established evidence executed exercise existence facts give given ground held highway hold indictment injury Insurance intention interest issue judge judgment jury justice land liable limited Mass matter means nature necessary negligence notice objection opinion owner paid parties pass payment Penn person plaintiff possession present principle proper purchase question Railroad Company reason received recover reference relation rendered result rule says statute street sufficient supra sustained taken thing tion train trial true witness
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179 페이지 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
562 페이지 - But no person shall hold the office of Justice or Judge of any court longer than until and including the last day of December next, after he shall be seventy years of age.
302 페이지 - The police power of the state extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the state; • • • and persons and property are subjected to all kinds of restraints and burdens. In order to secure the general comfort, health, and prosperity of the state; of the perfect right in the legislature to do which no question ever was, or, upon acknowledged general principles, ever can be, made, so far as natural persons...
740 페이지 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
695 페이지 - If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.
691 페이지 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
73 페이지 - A pardon is a deed, to the validity of which delivery is essential ; and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered ; and if it be rejected, we have discovered no power in a court to force it on him.
400 페이지 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
133 페이지 - whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
709 페이지 - ... with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him in his official capacity...