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 72
Page 23
... principle announced in City of Marysville v . North Bloomfield etc. Mining Co. , 66 Cal . 343 ; namely , that an action in relation to a nuisance which causes injury to land must be tried in the place where the land is situated . So an ...
... principle announced in City of Marysville v . North Bloomfield etc. Mining Co. , 66 Cal . 343 ; namely , that an action in relation to a nuisance which causes injury to land must be tried in the place where the land is situated . So an ...
Page 38
... principle that the parties are equally in the wrong , and that the injury , if any , is the result of a volun- tary act . Under the statute of Missouri regulating this subject , it was held that no provision was made by which the ...
... principle that the parties are equally in the wrong , and that the injury , if any , is the result of a volun- tary act . Under the statute of Missouri regulating this subject , it was held that no provision was made by which the ...
Page 53
... principle , and it was not necessary or proper to repeat it by giving the requested charge . The law of contributory negligence as ap- plicable to the case was given to the jury in its general charge , which dispensed with the necessity ...
... principle , and it was not necessary or proper to repeat it by giving the requested charge . The law of contributory negligence as ap- plicable to the case was given to the jury in its general charge , which dispensed with the necessity ...
Page 63
... principle whether the contract be for real or personal property , if the lands , as is the case here , have not been improved nor built on . In both cases the vendee is entitled to have the thing agreed for at the contract price , and ...
... principle whether the contract be for real or personal property , if the lands , as is the case here , have not been improved nor built on . In both cases the vendee is entitled to have the thing agreed for at the contract price , and ...
Page 66
... principle to this extent , it is the rule of the com- mon law that the creditor cannot make such application as ... principles announced in the forego- ing decisions to this case , we think the $ 18 paid by Moseley on the fourth day of ...
... principle to this extent , it is the rule of the com- mon law that the creditor cannot make such application as ... principles announced in the forego- ing decisions to this case , we think the $ 18 paid by Moseley on the fourth day of ...
Contents
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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.