The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, 98권Bancroft-Whitney, 1888 |
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53 페이지
... prove the case made in his complaint , as the judge who tried the cause has found , and there is no principle upon which this court can interfere with his findings ; and if the findings are sustained , the plaintiff is not entitled to ...
... prove the case made in his complaint , as the judge who tried the cause has found , and there is no principle upon which this court can interfere with his findings ; and if the findings are sustained , the plaintiff is not entitled to ...
62 페이지
... PROVE VALUE OF Boy's LIFE - JURY MAY ESTIMATE . — Jury have the right , acting upon their knowledge , and without proof , to say that the services of a boy from eleven to twenty - one years of age were valuable to his father , and to ...
... PROVE VALUE OF Boy's LIFE - JURY MAY ESTIMATE . — Jury have the right , acting upon their knowledge , and without proof , to say that the services of a boy from eleven to twenty - one years of age were valuable to his father , and to ...
63 페이지
... proved by the fireman on his examination in a subsequent stage of the present case If the Jones had been under the charge of an engineer who understood its management , who knew his duties in giving warning of his approach , and had ...
... proved by the fireman on his examination in a subsequent stage of the present case If the Jones had been under the charge of an engineer who understood its management , who knew his duties in giving warning of his approach , and had ...
65 페이지
... proved : Houghkirk v . Delaware etc. C. Co. , 92 N. Y. 220. In ap plying the rule that a person who seeks to recover for a personal injury , sus- tained by another's negligence , must show himself free from blame , the law AM . DEC ...
... proved : Houghkirk v . Delaware etc. C. Co. , 92 N. Y. 220. In ap plying the rule that a person who seeks to recover for a personal injury , sus- tained by another's negligence , must show himself free from blame , the law AM . DEC ...
67 페이지
... proved . It was his duty , while driving in the streets of Brooklyn , to keep entire control of his team as far as practicable ; to be in a position to speed- ily apply the brake ; and to be vigilant in observing the track , so as to ...
... proved . It was his duty , while driving in the streets of Brooklyn , to keep entire control of his team as far as practicable ; to be in a position to speed- ily apply the brake ; and to be vigilant in observing the track , so as to ...
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action agent alleged Appeal authority bailee bailment Bank bill charge choses in action cited claim common law Commonwealth constitution contempt contract court court of equity Cox C. C. creditors Crim damages debt declared decree deed defendant in error dissolution duty election embezzlement employer entitled equity evidence execution fact firm fraud fraudulently garnishee ground guilty of embezzlement habeas corpus held husband indictment indorser injunction injury insured interest judge judgment jury land larceny liable ment negligence notice offense Ohio St opinion owner paid parol partner partnership party payment person plaintiff in error possession principal promissory note proof purchase purpose question railroad company reason received recover refused Regina rule servant Slemmer statute statute of frauds Strob sufficient sui juris supra tion trust United vested void wife writ
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626 페이지 - no action shall be brought whereby to charge any executor or administrator upon any special promise to answer damages out of his own estate ; or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
662 페이지 - wilfully,' however, in that rule, we must understand, if not that the party represents that to be true which he knows to be untrue, at least that he means his representation to be acted upon, and that it is acted upon accordingly; and if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take...
458 페이지 - A civil war is never solemnly declared ; it becomes such by its accidents, — the number, power, and organization of the persons who originate and carry it on. When the party in rebellion occupy and hold in a hostile manner a certain portion of territory ; have declared their independence ; have cast off their allegiance ; have organized armies; have commenced hostilities against their former sovereign, the world acknowledges them as belligerents, and the contest a war.
406 페이지 - In the presence of the court or so near thereto as to interfere directly with the administration of justice...
626 페이지 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
662 페이지 - ... may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth ; and conduct, by negligence or omission, where there is a duty cast upon a person, by usage of trade or otherwise, to disclose the truth, may often have the same effect.
384 페이지 - In one word, the gist of this kind of action is, that the defendant, upon the circumstances of the case, is obliged by the ties of natural justice and equity to refund the money.
691 페이지 - But it lies for money paid by mistake, or upon a consideration which happens to fail, or for money got through imposition, (express or implied,) or extortion, or oppression. or an undue advantage taken of the plaintiff's situation, contrary to laws made for the protection of persons under those circumstances.
720 페이지 - Courts of equity have determined on grounds of high expediency that it is sufficient to bring before the court the first tenant in tail in being, and if there be no tenant in tail in being, the first person entitled to the inheritance, and if no such person, then the tenant for life.
660 페이지 - When a corporation has power, under any circumstances, to issue negotiable securities, the bona fide holder has a right to presume they were issued under the circumstances which give the requisite authority, and they are no more liable to be impeached for any Infirmity in the hands of such a holder than any other commercial paper.