The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 56Bancroft-Whitney, 1887 - Law reports, digests, etc |
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Results 1-5 of 72
Page 52
... judgment of condemnation . We approve the statement of the principle as found in Smith v . Br . Bank , 21 Ala . 125 ; Stiles v . Lighfoot , 26 Ala . 442 , Ala . Life Ins . Co. v . Pettway , 24 Ala . 544 ; Thames v . Rembert , 63 Ala ...
... judgment of condemnation . We approve the statement of the principle as found in Smith v . Br . Bank , 21 Ala . 125 ; Stiles v . Lighfoot , 26 Ala . 442 , Ala . Life Ins . Co. v . Pettway , 24 Ala . 544 ; Thames v . Rembert , 63 Ala ...
Page 76
... judgment sustaining the demurrer appealed from should be reversed . It is so ordered . Judgment reversed . Ross , MYRICK , THORNTON , and MCKINSTRY , JJ . , concurred . Eastin v . Bank of Stockton . EASTIN V. BANK 76 CALIFORNIA ,
... judgment sustaining the demurrer appealed from should be reversed . It is so ordered . Judgment reversed . Ross , MYRICK , THORNTON , and MCKINSTRY , JJ . , concurred . Eastin v . Bank of Stockton . EASTIN V. BANK 76 CALIFORNIA ,
Page 78
... judgment for the then defendant , plaintiff here . The answer of the defendants put in issue the material aver- ments of the complaint , and a trial was had with a jury , resulting in a verdict for the plaintiff for the sum of $ 3,000 ...
... judgment for the then defendant , plaintiff here . The answer of the defendants put in issue the material aver- ments of the complaint , and a trial was had with a jury , resulting in a verdict for the plaintiff for the sum of $ 3,000 ...
Page 80
... Judgment and order reversed , and cause remanded for a new Judgment reversed and cause remanded . trial . MYRICK and MCKINSTRY , JJ . , concurred . PEOPLE V. GOLD RUN DITCH AND MINING COMPANY . ( 66 Cal . 138. ) Water and water - course ...
... Judgment and order reversed , and cause remanded for a new Judgment reversed and cause remanded . trial . MYRICK and MCKINSTRY , JJ . , concurred . PEOPLE V. GOLD RUN DITCH AND MINING COMPANY . ( 66 Cal . 138. ) Water and water - course ...
Page 90
... judgment was affirmed . The plaintiffs however sued out a second writ to the same judgment , and assigned for error the ruling of the court as to the proper measure of damages , and upon this the judgment was reversed , and a venire ...
... judgment was affirmed . The plaintiffs however sued out a second writ to the same judgment , and assigned for error the ruling of the court as to the proper measure of damages , and upon this the judgment was reversed , and a venire ...
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Popular passages
Page 364 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 881 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Page 464 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 594 - person' may extend and be applied to bodies politic and corporate as well as to individuals.
Page 716 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 95 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 54 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been...
Page 121 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission and delivery, or for nondelivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 54 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 527 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...