The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 69Bancroft-Whitney, 1886 - Law reports, digests, etc |
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Common terms and phrases
according action admitted agent agreement alleged allowed amount answer appear applied Assoc authority Bank benefit bill bound building cause charge circumstances cited City claim common complainants condition consideration considered constitution construction contract corporation court creditors damages debt decision deed defendant easement effect entitled equity error established evidence exception execution existence facts give given grant ground held highway hold indictment injury instructions intention interest judge judgment jury land liable limitations loss marriage matter means ment mortgage nature necessary notice objection opinion owner paid party passed payment person plaintiff possession present principal proceedings proof proved provisions purchaser question reason received record recover referred regard result road rule says statute street sufficient suit sustained taken tenant tion town trial unless York
Popular passages
Page 432 - To whom I answered, It is not the manner of the Romans to deliver any man to die, before that he which is accused have the accusers face to face, and have license to answer for himself concerning the crime laid against him...
Page 638 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 696 - When the answer of the defendant expressly, or by not denying, admits part of the plaintiff's claim to be just, the court, on motion, may order such defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or provisional remedy.
Page 677 - ... for seeing somebody must be a loser by this deceit, it is more reason that he that employs and puts a trust and confidence in the deceiver should be a loser, than a stranger.
Page 236 - A party is not to cast himself upon an obstruction which has been made by the fault of another, and avail himself of it, if he do not himself use common and ordinary caution to be in the right.
Page 708 - ... to which sum it was thereby agreed that the damages sustained by any such omission, neglect, or refusal, should amount ; and which sum was thereby declared by the said parties to be liquidated and ascertained damages, and not a penalty or penal sum, or in the nature thereof.
Page 714 - The broad general rule in such cases is that the party injured is entitled to recover all his damages, including gains prevented as well as losses sustained; and this rule is subject to but two conditions: the damages must be such as may fairly be supposed to have entered into the contemplation of the parties when they made the contract, that is...
Page 536 - No man has a right to throw wood or stones into the street at his pleasure. But inasmuch as fuel is necessary, a man may throw wood into the street for the purpose of having it carried to his house, and it may lie there a reasonable time. So, because building is necessary, stones, bricks, lime, sand, and other materials may be placed in the street, provided it be done in the most convenient manner.
Page 640 - ... proof of insanity at the time of committing the act ought to be as clear and satisfactory, in order to acquit him on the ground of insanity, as the proof of committing the act ought to be in order to find a sane man guilty.
Page 434 - hearsay' is used with reference to that which is written, as well as to that which is spoken, and in its legal sense it denotes that kind of evidence which does not derive its value solely from the credit to be given to the witness himself, but rests also in part on the veracity^ and competency of some other person.