The Southeastern Reporter, Volume 29West Publishing Company, 1898 - Law reports, digests, etc |
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A. D. Gardner affirmed alleged amendment amount applied assignment authority Bank Bibb county bill bond brings error Carolina cause of action charge circuit court circuit judge claim Code commissioners complaint constitution contract counsel court erred court of equity Court of Georgia creditors damages debt deceased decree deed defendant in error defendant's demurrer entitled equity Error from superior evidence exceptions executed fact favor fee simple fendant filed grant ground held indictment injury interest issue judgment jurisdiction jury land lien lumber ment mortgage motion negligence nonsuit North Carolina overruled paid party payment pendente lite person petition plain plaintiff in error plea possession promissory note purchase question railroad recover res adjudicata rule statute sued suit superior court Supreme Court sustained Syllabus testator testified testimony thereof tiff tion trust verdict wife witness
Popular passages
Page 357 - 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.
Page 208 - Know all men by these presents, that I, Henry Strominger, of the township of Xewberry, in the count}' of York, and State of Pennsylvania, yeoman, being in good health and of sound and disposing mind and memory, do make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made.
Page 37 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Page 401 - Every such corporation shall start and run their cars for the transportation of passengers and property, at regular times, to be fixed by public notice; and shall furnish sufficient accommodations for the transportation of all such passengers and property, as shall, within a reasonable time previous thereto, be offered for transportation at the place of starting...
Page 257 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.
Page 400 - ... jury. It is only where the facts are such that all reasonable men must draw the same conclusion from them that the question of negligence is ever considered as one of law for the court.
Page 208 - And as to my worldly estate and all the property real personal and mixed of which I shall die Seized and possessed or to which I shall be entitled at the time of my decease...
Page 233 - 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 339 - Any agreement, declaration or course of action, on the part of an insurance company, which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not...
Page 47 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.