The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 16Bancroft-Whitney, 1876 - Law reports, digests, etc |
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Page 21
... agreement in either case . In each case the act of the defendant was a violation of a duty im- posed by law ; in the one , a duty of universal obligation , to do his neighbor no wrong ; in the other , a specific duty imposed by the law ...
... agreement in either case . In each case the act of the defendant was a violation of a duty im- posed by law ; in the one , a duty of universal obligation , to do his neighbor no wrong ; in the other , a specific duty imposed by the law ...
Page 22
... agreement . Now it must be con- ceded that an action of trover is not founded upon a contract . None is referred to in the declaration , and none need be proved on the trial . All that the plaintiff is required to prove is title in him ...
... agreement . Now it must be con- ceded that an action of trover is not founded upon a contract . None is referred to in the declaration , and none need be proved on the trial . All that the plaintiff is required to prove is title in him ...
Page 43
... agreement to pay it , this amounts to an express contract . " In that case the words " on demand " were held to import and to be an express promise to pay . That case adopts the correct principle , namely , that to constitute a ...
... agreement to pay it , this amounts to an express contract . " In that case the words " on demand " were held to import and to be an express promise to pay . That case adopts the correct principle , namely , that to constitute a ...
Page 85
... agreement , as follows : " Believing that the public worship of God has a salutary influence upon society , by awakening and diffusing moral and religious affections , and considering there are many persons in the place who are ...
... agreement , as follows : " Believing that the public worship of God has a salutary influence upon society , by awakening and diffusing moral and religious affections , and considering there are many persons in the place who are ...
Page 192
... agreement either to share the profits or the gross receipts . Held , that the instruction was wrong . A SSUMPSIT by Eastman against Curtis Clark , Damon Clark and Nicholas Stillings to recover moneys due for corn sold by plaintiff to ...
... agreement either to share the profits or the gross receipts . Held , that the instruction was wrong . A SSUMPSIT by Eastman against Curtis Clark , Damon Clark and Nicholas Stillings to recover moneys due for corn sold by plaintiff to ...
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Common terms and phrases
Abbott action adopted agent allowed appears applied authority believe belong bill called cause charge Christian church claim common consideration considered constitution contract corporation court creditors damages decision defendant denomination doctrine duty effect entitled established Everett evidence existence express fact give given grant ground Hale held hold independent injury instruction intent interest issue judge judgment jury justice land liable limited Lord loss matter means natural necessary negligence object opinion owner paid party passed payment person plaintiff possession present principle profits Protestant provisions punishment question Railroad reason received recover reference regard relation religion religious river rule says sect sense servant share society statute supposed taken term thing tion tort town trial true Unitarian
Popular passages
Page 741 - 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 87 - And no subject shall be hurt, molested, or restrained, in his person, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience : or for his religious profession or sentiments ; provided he doth not disturb the public peace or obstruct others in their religious worship.
Page 347 - It is a melancholy truth, that, among the variety of actions which men are daily liable to commit, no less than a hundred and sixty have been declared, by act of parliament, to be felonies without benefit of clergy ; or, in other words, to be worthy of instant death.
Page 100 - Provided notwithstanding, that the several towns, parishes, precincts, and other bodies politic, or religious societies, shall, at all times, have the exclusive right of electing their public teachers, and of contracting with them for their support and maintenance.
Page 361 - He can excuse himself by showing that the escape was owing to the plaintiff's default, or perhaps that the escape was the consequence of vis major, or the act of God; but as nothing of this sort exists here, it is unnecessary to inquire what excuse would be sufficient.
Page 100 - And every denomination of Christians, demeaning themselves peaceably, and as good subjects of the commonwealth, shall be equally under the protection of the law: and no subordination of any one sect or denomination to another shall ever be established by law.
Page 361 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 581 - The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
Page 107 - GOD, and for the support and maintenance of public Protestant teachers of piety, religion and morality, in all cases where such provision shall not be made voluntarily.
Page 101 - And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain and establish all manner of wholesome and reasonable orders, laws, statutes and ordinances, directions and instructions, either with penalties or without, so as the same be not repugnant or contrary to this constitution, as they shall judge to be for the good and welfare of this Commonwealth, and for the government and ordering thereof, and of the subjects of the same...