The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 22Abraham Clark Freeman Bancroft-Whitney Company, 1892 - Law reports, digests, etc |
From inside the book
Results 1-5 of 85
Page 43
... court charged the jury , in effect , to find for the plain- tiff if his property had been damaged by the construction and operation of defendant's road , provided such damage resulted from the vibration , smoke , noxious vapors , and ...
... court charged the jury , in effect , to find for the plain- tiff if his property had been damaged by the construction and operation of defendant's road , provided such damage resulted from the vibration , smoke , noxious vapors , and ...
Page 83
... court overruled on September 27 , 1888 , and it was further ordered that the pre- vious ruling of the court overruling defendant's exceptions to the petition be revoked and set aside , and that the general and special exceptions filed ...
... court overruled on September 27 , 1888 , and it was further ordered that the pre- vious ruling of the court overruling defendant's exceptions to the petition be revoked and set aside , and that the general and special exceptions filed ...
Page 118
... court would have fully complied with the requirements of the act of 1888 if it had stated the facts in the case with- out denominating the transaction . That act requires that " in all cases hereafter tried in the county court , where ...
... court would have fully complied with the requirements of the act of 1888 if it had stated the facts in the case with- out denominating the transaction . That act requires that " in all cases hereafter tried in the county court , where ...
Page 133
... court arrested the judgment , saying that this was in accordance with the settled rule in England . The court had before it English cases in which this course had been taken , but the English practice up to that time was far from ...
... court arrested the judgment , saying that this was in accordance with the settled rule in England . The court had before it English cases in which this course had been taken , but the English practice up to that time was far from ...
Page 134
... court vigorously criticised the rule , and indicated its intention to make all reasonable intend- ments in favor of a verdict , when some of the counts were good . In the latter case , the court referred to the modern English practice ...
... court vigorously criticised the rule , and indicated its intention to make all reasonable intend- ments in favor of a verdict , when some of the counts were good . In the latter case , the court referred to the modern English practice ...
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Common terms and phrases
adverse possession agent agreement alleged appellant appellee applied appropriation authority Bank bill carrier cause of action charge cited claim common carrier complaint constitution constructive notice contract convey conveyance corporation counsel court court of equity creditors damages debt declared decree deed defendant defendant's demurrer dower duty entitled equity error estoppel evidence execution fact filed fraud granted habeas corpus held homestead husband injury interest Iowa issue judgment jurisdiction jury land lease liable lien matter ment Minn mortgage municipal corporation negligence notice opinion owner paid parties passenger payment person plaintiff plaintiff in error pleaded possession premises principle proof purchaser purpose question R. R. Co R'y Co railroad company reason record recover rule statute sufficient suit testator thereof thousand dollars tion trial usurious valid void wife writ
Popular passages
Page 248 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 322 - The legislature cannot delegate its power to make a law ; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.
Page 922 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Page 550 - Witnesseth: That the said party of the first part for and in consideration of the sum of five hundred dollars ($500.00), lawful money of the United States of America, to them in hand paid by the said party of the second part...
Page 455 - Columbia, shall confine the same in cars. boats, or vessels of any description for a period longer than twenty-eight consecutive hours without unloading the same in a humane manner, into properly equipped pens for rest, water, and feeding, for a period of at least five consecutive hours...
Page 318 - ... there shall be in this State hereafter, but one form of action, for the enforcement or protection of private rights and the redress or prevention of private wrongs, which shall be denominated a civil action.
Page 515 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 249 - A cause of action arising out of the contract or transaction set forth in the complaint as the foundation of the plaintiff's claim, or connected with the subject of the action.
Page 682 - ... shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith...
Page 524 - ... all civil actions not otherwise provided for, shall be commenced within five years next after the cause of action accrued.