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, Volume 99Bancroft-Whitney, 1888 - Law reports, digests, etc |
From inside the book
Results 1-5 of 88
Page 52
... jury . The jury returned a verdict for the plaintiff for the value or price of the flour , with interest from the time of conversion , and thus must have found that the fifty dollars was received by the plaintiff , not in part payment ...
... jury . The jury returned a verdict for the plaintiff for the value or price of the flour , with interest from the time of conversion , and thus must have found that the fifty dollars was received by the plaintiff , not in part payment ...
Page 72
... jury ; and we are not required to say whether he was entitled to nominal damages or not . If he was , and the circuit judge erred in instructing the jury that their verdict must be for the defendant , still the judgment would not for ...
... jury ; and we are not required to say whether he was entitled to nominal damages or not . If he was , and the circuit judge erred in instructing the jury that their verdict must be for the defendant , still the judgment would not for ...
Page 83
... jury that the conveyance conveyed an estate in fee to the defendant , with the right of plaintiff to cut and remove all the pine timber thereon , and one half of the cedar , within two years from the date of the deed ; and that if not ...
... jury that the conveyance conveyed an estate in fee to the defendant , with the right of plaintiff to cut and remove all the pine timber thereon , and one half of the cedar , within two years from the date of the deed ; and that if not ...
Page 85
... jury upon the evidence . In the present attitude of the cause , we certainly cannot deter- mine whether the license would be irrevocable , or prevent the right to remove the timber from terminating or not . The jury must find , under ...
... jury upon the evidence . In the present attitude of the cause , we certainly cannot deter- mine whether the license would be irrevocable , or prevent the right to remove the timber from terminating or not . The jury must find , under ...
Page 92
... jury , as requested by the de- fendant , that " slight negligence " on the part of the plaintiff , which contributed directly to the injury , would prevent a re- covery . This would have been error if the words " slight neg- ligence ...
... jury , as requested by the de- fendant , that " slight negligence " on the part of the plaintiff , which contributed directly to the injury , would prevent a re- covery . This would have been error if the words " slight neg- ligence ...
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Common terms and phrases
action adverse possession affirmed agent alleged amount appear appellant appellee authority bail Bank bill charge claim complaint contract conveyance conveyed corporation Cotzhausen counsel court court of equity covenant creditors damages debts deed defendant demurrer Ditch Company entitled equity error estopped estoppel Eureka Lake Water evidence execution facts filed granted grantor ground held homestead husband illegal indorsement injury instructions interest Iowa issued judgment lien jury Lake Water Company land levy liable lis pendens ment mortgage ne exeat negligence notice opinion owner paid party payment person plaintiff plaintiff in error possession premises purchaser purpose question quitclaim deed R. R. Co railroad record recover refused rule seisin sell sheriff sheriff's deed Smith sold statute statute of limitations stockholders suit sureties sustained thereof tion trial trustee ultra vires valid verdict void wife writ
Popular passages
Page 61 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 87 - The principle is that where the owner of two tenements sells one of them, or the owner of an entire estate sells a portion, the purchaser takes the tenement or portion sold, with all the benefits and burdens which appear at the time of the sale, to belong to it, as between it and the property which the vendor retains.
Page 654 - Where, however, the allegation of the claim or defense to which the proof is directed, is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof.
Page 439 - June, no Writ of Fieri facias, or other Writ of Execution, shall bind the Property of the Goods against whom such Writ of Execution is sued forth, but from the Time that such Writ shall be delivered to the Sheriff, Under-Sheriff, or Coroners, to be executed...
Page 663 - The general rule is that the validity of a contract is to be determined by the law of the state in which it is made; if...
Page 299 - ... provided, that this section shall not be construed to prevent a division and distribution of the capital stock of the company, which shall remain after the payment of all its debts, upon the dissolution of the corporation or the expiration of its charter.
Page 343 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 632 - On the contrary, although he may be laboring under partial insanity, if he still understands the nature and character of his act, and its consequences; if he has a knowledge that it is wrong and criminal, and a mental power sufficient to apply that knowledge to his own case, and to know that, if he does the act, he will do wrong and receive punishment; such partial insanity is not sufficient to exempt him from responsibility for criminal acts.
Page 153 - ... in all cases where a condition of a bond, recognizance, &c., is possible at the time of the making of the condition, and, before the same can be performed, the condition becomes impossible by the act of God, or of the law, or of the obligee, &c., there, the obligation, Sic., is saved.
Page 354 - An act more effectually to provide for the punishment of certain crimes against the United States...