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 51Bancroft-Whitney, 1885 - Law reports, digests, etc |
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Results 1-5 of 83
Page 46
... trial ensued , which resulted in a verdict for the plaintiff for the sum of $ 20,750 . Judg- ment was entered on the verdict from which , and an order overruling a motion for a new trial , the defendants appeal to this court . The ...
... trial ensued , which resulted in a verdict for the plaintiff for the sum of $ 20,750 . Judg- ment was entered on the verdict from which , and an order overruling a motion for a new trial , the defendants appeal to this court . The ...
Page 47
... a collateral issue . See Shearm . & Redf . Neg . , § 191 , note ; Abb . Trial Ev . 584-85 ; First Nat . Bank v . Ocean Nat . Bank , 60 N. Y. 278 ; s . c . , 19 Am . Kennon v . Gilmer . Rep . 181 ; Warner JANUARY TERM , 1885 . 47.
... a collateral issue . See Shearm . & Redf . Neg . , § 191 , note ; Abb . Trial Ev . 584-85 ; First Nat . Bank v . Ocean Nat . Bank , 60 N. Y. 278 ; s . c . , 19 Am . Kennon v . Gilmer . Rep . 181 ; Warner JANUARY TERM , 1885 . 47.
Page 49
... trial , we think the evidence admissible . " Cham- berlain v . Enfield , 43 N. H. 356 . In the case of Maggi v . Cutts , 123 Mass . 535 , it appears in evidence that on the evening of November 19 , 1875 , at about half - past six o ...
... trial , we think the evidence admissible . " Cham- berlain v . Enfield , 43 N. H. 356 . In the case of Maggi v . Cutts , 123 Mass . 535 , it appears in evidence that on the evening of November 19 , 1875 , at about half - past six o ...
Page 51
... trial , the defendants appeal to this court . The facts found by the court are as follows : 1. That the bullion described in plaintiff's complaint was pro- duced from the North - western Company and was shipped by it to Helena ...
... trial , the defendants appeal to this court . The facts found by the court are as follows : 1. That the bullion described in plaintiff's complaint was pro- duced from the North - western Company and was shipped by it to Helena ...
Page 58
... to which possession was never delivered , either actu- ally or constructively . The judgment is reversed and the cause remanded for a new trial . Judgment reversed . Heinbockle v . Zugbaum . HEINBOCKLE V. ZUGBAUM . ( 58 MONTANA ,
... to which possession was never delivered , either actu- ally or constructively . The judgment is reversed and the cause remanded for a new trial . Judgment reversed . Heinbockle v . Zugbaum . HEINBOCKLE V. ZUGBAUM . ( 58 MONTANA ,
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action agent agreement alleged Anderson 5 Mont appellant appellee applied authority Bank bill bill of lading carrier cause cent charge choses in action circumstances cited claim common carrier common law complainant consignee Constitution contract corporation court court of equity creditors damages debt debtor decision declared deed defendant defendant's delivery denied doctrine domicile duty entitled equity error evidence execution fact fraud freight held horse husband injury intent judge Judgment affirmed jury land larceny laws of France legislature liable mandamus marriage Mass ment mortgage negligence nuisance Ohio St opinion owner paid Parchen parties payment Penn person plaintiff plaintiff in error possession principle profits purchaser purpose question railroad company reason refused remedy rule says sold statute statute of frauds sustained testimony thereof tion trial wife witness
Popular passages
Page 434 - 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 in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 811 - Duress, in its more extended sense, means that degree of constraint or danger, either actually inflicted or threatened and impending, which is sufficient, in severity or in apprehension, to overcome the mind and will of a person of ordinary firmness.* Opinion of the court.
Page 785 - The writ of mandamus may be denominated the writ of mandate.— 1873-345. 1085. It may be issued by any court, except a justice's or police court, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins, as a duty resulting from an office, trust, or station...
Page 694 - The State of California is an inseparable part of the American Union, and the Constitution of the United States is the supreme law of the land.
Page 276 - It may be defined to be a transfer of the absolute or general property In a thing for a price in money.
Page 146 - ... or any other officer of the state, except legislative and judicial, elective or appointed, and to appoint a successor for the remainder of their respective unexpired term of office, and report the causes of such removal to the legislature, at its next session.
Page 696 - To declare what shall be a nuisance, and to abate the same ; and to impose fines upon parties who may create, continue or suffer nuisances to exist Seventy-sixth — To appoint a board of health, and prescribe its powers and duties.
Page 722 - Now, if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, 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 800 - Laws shall be passed, taxing by a uniform rule, all moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise; and also all real and personal property, according to its true value in money...
Page 800 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...