The American and English Encyclopedia of Law, Volume 16John Houston Merrill, Thomas Johnson Michie, Charles Frederic Williams, David Shephard Garland E. Thompson, 1891 - Law |
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Results 1-5 of 67
Page 1
... party to an action may be taken at the instance of an adverse party at any time before trial , and specify what the affidavit to obtain an order for such an examination must contain . Held , that it is discretionary with the judge ...
... party to an action may be taken at the instance of an adverse party at any time before trial , and specify what the affidavit to obtain an order for such an examination must contain . Held , that it is discretionary with the judge ...
Page 6
... party must have a cause of action against the other for his side of the account.1 An account of items upon one side and payments merely upon the other , is not a mutual account . The payments do not in such case enter into the account ...
... party must have a cause of action against the other for his side of the account.1 An account of items upon one side and payments merely upon the other , is not a mutual account . The payments do not in such case enter into the account ...
Page 11
... party and in favor of the other , it is not a mutual account . It lacks the very essential element to make it such - mutuality . Such an account does not show a sys- tem of mutual dealings and of re- ciprocal demands between the parties ...
... party and in favor of the other , it is not a mutual account . It lacks the very essential element to make it such - mutuality . Such an account does not show a sys- tem of mutual dealings and of re- ciprocal demands between the parties ...
Page 14
... parties , the items of which are unsettled , whether kept or proved by one party or both . Stat . 1867 , ch . 117. And the case of Green v . Disbrow , 79 N. Y. 1 ; s . c . , 35 Am . Rep . 496 , is considered as settling the law as to ...
... parties , the items of which are unsettled , whether kept or proved by one party or both . Stat . 1867 , ch . 117. And the case of Green v . Disbrow , 79 N. Y. 1 ; s . c . , 35 Am . Rep . 496 , is considered as settling the law as to ...
Page 15
... party has assented to all the terms of a contract it is incomplete , and either party may with- draw his offer , unless a given time is agreed upon in which the other party may assent , and where the offer is made by letter the ...
... party has assented to all the terms of a contract it is incomplete , and either party may with- draw his offer , unless a given time is agreed upon in which the other party may assent , and where the offer is made by letter the ...
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Common terms and phrases
action affidavit application assessment Assoc Bank Cas Barb beneficiary Blatchf boat Brown by-laws cause certificate Chicago collision common law Conn contract CONTRIBUTORY NEGLIGENCE corporation court damages defendant defendant's duty Encyc evidence fact fault granted ground held Hun N. Y. injury Iowa Jones judgment jury Knights of Honor Legion of Honor liable Lodge ment Minn Moore motion mutual N. J. Eq N. W. Rep N. Y. Supp national bank National Bank act navigable ne exeat negligence notice Ohio St owner party payment person plaintiff river rule sailing vessel schooner ship Smith Stat statute steam Steamboat steamer Supreme Tenn tion Torts trial Union Mut Union Nat United verdict Wall Wend witness York
Popular passages
Page 447 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 279 - ... and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so, that the green light shall not be seen on the port side nor the red light on the starboard side, nor, if practicable, more than two points abaft the beam on their respective sides.
Page 387 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.
Page 276 - ... so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam...
Page 434 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 291 - When both are running free, with the wind on different sides, the vessel which has the wind on the port side shall keep out of the way of the other.
Page 277 - ... such lantern shall be exhibited, in sufficient time to prevent collision, so that the green light shall not be seen on the port side nor the red light on the starboard side.
Page 431 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 238 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 271 - The genius and character of the whole government seem to be, that its action is to be applied to all the external concerns of the nation, and to those internal concerns which affect the states generally ; but not to those which are completely within a particular state, which do not affect other states, and with which it is not necessary to interfere for the purpose of executing some of the general powers of the government.