The Southeastern Reporter, Volume 11West Publishing Company, 1890 - Law reports, digests, etc |
From inside the book
Results 1-5 of 75
Page 78
... term , the matter is res judicata , and cannot again be called in question by any one who was a party to the proceeding . The jurisdiction to issue the mandamus was necessarily involved in the case against the respondent and others , in ...
... term , the matter is res judicata , and cannot again be called in question by any one who was a party to the proceeding . The jurisdiction to issue the mandamus was necessarily involved in the case against the respondent and others , in ...
Page 82
... term of the county court con- vened , which occupied some of respond- ent's time ; but the principal business of said term of court was left by affiant to be conducted by Commissioners Calderwood and Young , who knew but little personal ...
... term of the county court con- vened , which occupied some of respond- ent's time ; but the principal business of said term of court was left by affiant to be conducted by Commissioners Calderwood and Young , who knew but little personal ...
Page 83
... term of this court , and an order for judgment having been indorsed on the complaint in this action , and signed by Mr. Justice WITHERSPOON , the presiding judge : Now , on motion of plaintiff attorney , it is hereby adjudged that ...
... term of this court , and an order for judgment having been indorsed on the complaint in this action , and signed by Mr. Justice WITHERSPOON , the presiding judge : Now , on motion of plaintiff attorney , it is hereby adjudged that ...
Page 98
... term of the court ( 1888 ) by Judge KERSHAW , who de- creed a foreclosure of the mortgage ; say- ing , among other things : " Ifind the facts to be that the money which was the con- sideration of the bond and mortgage was borrowed to ...
... term of the court ( 1888 ) by Judge KERSHAW , who de- creed a foreclosure of the mortgage ; say- ing , among other things : " Ifind the facts to be that the money which was the con- sideration of the bond and mortgage was borrowed to ...
Page 102
... terms of the mortgage , of which he is pre- sumed to have notice , would inform him that it was given to secure the ... term simply as illustrative of the principle . The view which I have adopted is in close analogy to the well settled ...
... terms of the mortgage , of which he is pre- sumed to have notice , would inform him that it was given to secure the ... term simply as illustrative of the principle . The view which I have adopted is in close analogy to the well settled ...
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Common terms and phrases
acres administrator affidavit agent agreement alleged amount answer appeal appellee assignment authority bank bill Carolina cause of action charge circuit court claim clerk Code commissioners complaint contract counsel county court court of equity creditors D. A. Smith debt debtor decree deed defendant defendant's Deitz demurrer entitled equity erred evidence exceptions execution facts fendant filed fraud ground held improvement company interest issue judge judgment jurisdiction jury Kanawha county land levied lien ment MERRIMON motion North Carolina paid party payment Pennsylvania Steel Company person plain plaintiff in error possession proceeding purchase question Railroad Company recover refused road rule S. E. Rep says Shenandoah Valley Railroad sheriff Smith sold statute suit superior court Supreme Court taxes testator testified testimony thereof tiff tion tract trial trust verdict void Walnut grove farm wife William McKay witness
Popular passages
Page 36 - The general assembly may vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessment or by special taxation of contiguous property, or otherwise.
Page 164 - Constitution gives the citizens of each state all the privileges and immunities of citizens in the several states...
Page 38 - Will in solemn form of law, shall continue to possess the same rights and privileges, and be subject to the same liabilities with respect to costs, as heretofore...
Page 270 - ... liable for mistakes or delays in the transmission or delivery, or for non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 314 - The court may change the place of trial in the following cases : 1. When the county designated for that purpose in the complaint is not the proper county: 2. When there is reason to believe that an impartial trial cannot be had therein: 3. When the convenience of witnesses and the ends of justice would be promoted by the change.
Page 62 - ... agreement in writing, whereby the contracting party sufficiently indicates an intention to make some particular property, real or personal, or fund, therein described or identified, a security for a debt or other obligation, or whereby the party promises to convey or assign or transfer the property as security, creates an equitable lien upon the property so indicated, which is enforceable against the property in the hands, not only of the original contractor, but of his heirs, administrators,...
Page 270 - 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 or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 257 - ... from a judgment, order or other proceeding, taken against him through his mistake, inadvertence, surprise, or excusable neglect...
Page 3 - The proximate cause of an event must be understood to be that which, in a natural and continuous sequence, unbroken by any new cause, produces that event, and without which that event would not have occurred.
Page 314 - If the county designated for that purpose in the complaint, be not the proper county, the action may, notwithstanding, be tried therein, unless the defendant, before the time for answering expire, demand in writing, that the trial be had in the proper county...