Lawyers' Reports Annotated, Book 10

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Lawyers' Co-operative Publishing Company, 1907 - Law reports, digests, etc

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Page 145 - 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 273 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 157 - When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately.
Page 278 - In bringing the coke manufactured by it up to the standard now or hereafter established by the party of the second part And the party of the first part further agrees that it will manufacture such coke in accordance with the rules now or hereafter established and promulgated by the party of the second part...
Page 76 - A charity, in a legal sense, may be more fully defined as a gift to be applied, consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their...
Page 132 - By any act which discharges the instrument; 2. By the intentional cancellation of his signature by the holder; 3. By the discharge of a prior party; 4.
Page 127 - ... in the absence of any express or implied warranty that the thing shall exist, the contract is not to be construed as a positive contract, but as subject to an implied condition that the parties shall be excused in case, before breach, performance becomes impossible from the perishing of the thing without default of the contractor.
Page 135 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Page 108 - States shall have power, in the trial of actions at law, on motion and due notice thereof being given, to require the parties to produce books or writings in their possession or power, which contain evidence pertinent to the issue, in cases and under circumstances where they might be compelled to produce the same, by the ordinary rules of proceeding in chancery...
Page 302 - They hold their office during good behavior, and can only be deprived of. it for misconduct ascertained and declared by the judgment of the court after opportunity to be heard has been afforded.

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