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action actual admitted agreement alleged allowed amount answer appellant application Argument assignment authority cause charge claim complaint consideration considered constitute contract conveyance counsel Court-Hawley creditors damages decided decision decree deed defendant determine district court dollars effect entitled error evidence execution existence fact filed firm follows fraud give given ground held hundred indictment instruction intent interest issue John judge judgment jurisdiction jury Kerrin killing land matter means ment mining motion murder necessary notice objection Opinion original paid parties partnership person plaintiff pleadings possession presented proceedings proof proper prove provisions purchase question reason record recover referred refused relator respect respondent rule scrip statement statute sufficient suit Sweeney taken term testimony tion trial trust witness writ
208 페이지 - The objection that a contract is immoral or illegal as between plaintiff and defendant sounds at all times very ill in the mouth of the defendant. It is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this : 'Ex dolo malo non oritur actio.' No court will lend its aid...
431 페이지 - In an action to recover the possession of personal property, judgment for the plaintiff may be for the possession or the value thereof, in case a delivery cannot be had, and damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property or the value thereof, in case a return cannot be had, and damages for taking and withholding the same.
422 페이지 - Such malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.
175 페이지 - The review upon this writ cannot be extended further than to determine whether the inferior tribunal, board, or officer has regularly pursued the authority of such tribunal, board, or officer.
208 페이지 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If from the plaintiff's own stating or otherwise the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
278 페이지 - Ga. 615, one of the grounds of the motion for a new trial was, that the court erred in...
244 페이지 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended by implication beyond the terms of his contract.
272 페이지 - All must perceive that a tax on the sale of an article, imported only for sale, is a tax on the article itself.
317 페이지 - All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States...