The Atlantic Reporter, Volume 63West Publishing Company, 1906 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 7
... ground of newly discovered evi- dence and upon reading the affidavit of Her- man Planter duly filed , " but the rule is that the plaintiff should show cause why the judgment in his favor should not be set aside , etc. Leave was given to ...
... ground of newly discovered evi- dence and upon reading the affidavit of Her- man Planter duly filed , " but the rule is that the plaintiff should show cause why the judgment in his favor should not be set aside , etc. Leave was given to ...
Page 13
... ground that it is not sufficiently clear and specific . An additional ground was raised that sec- tion 193 of the act to regulate elections was not within the title of the act . This is un- tenable . The plaintiff in error does not ques ...
... ground that it is not sufficiently clear and specific . An additional ground was raised that sec- tion 193 of the act to regulate elections was not within the title of the act . This is un- tenable . The plaintiff in error does not ques ...
Page 28
... ground that plaintiff , by his own testimony , was guilty of contributory neg- ligence at the time of the accident ; that he voluntarily and without necessity put him- self in a place of danger by negligently step- ping upon a railroad ...
... ground that plaintiff , by his own testimony , was guilty of contributory neg- ligence at the time of the accident ; that he voluntarily and without necessity put him- self in a place of danger by negligently step- ping upon a railroad ...
Page 31
... ground as before stated . Mr. Cooper : If the court please , this is not alleged as a particular offense , or on or about a particular date . It is true that while time is not material , or the proof of it is not , and that the state is ...
... ground as before stated . Mr. Cooper : If the court please , this is not alleged as a particular offense , or on or about a particular date . It is true that while time is not material , or the proof of it is not , and that the state is ...
Page 38
... GROUNDS . - The equitable power of a court to set aside a decree of probate will not be exercised , except on some substantial ground , such as fraud , accident , or mistake , which renders it against conscience to execute the deed ...
... GROUNDS . - The equitable power of a court to set aside a decree of probate will not be exercised , except on some substantial ground , such as fraud , accident , or mistake , which renders it against conscience to execute the deed ...
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Common terms and phrases
action affirmed agreement alleged Allegheny county appeal appellee application assigned assumpsit Baltimore bank bill bills of lading Bradley Beach Cent charge claim common law complainant Conn contract corporation Court of Chancery court of equity damages decree deed defendant defendant's demurrer duty entitled equity error evidence execution executor fact fendant filed granted held husband injury issue Jersey Jersey City judge judgment jury Kent county land liable mandamus ment mortgage N. J. Ch N. J. Err N. J. Law N. J. Sup negligence nonsuit Note.-For officers paid pany parties payment person plaintiff plaintiff in error plea probate purchase question railroad real estate reason recover refused rule statute stockholders street superior court Supreme Court testator testified testimony thereof tiff tion trial verdict wife witness
Popular passages
Page 227 - ... in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transaction with, or statement by, the testator, intestate, or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 334 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof...
Page 167 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one...
Page 167 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs...
Page 333 - Every such action shall be brought by and In the names of the personal representatives of such deceased person, and the amount recovered In every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin In the proportions provided by law In relation to the distribution of personal property, left by persons dying intestate...
Page 169 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 160 - ... it is ordered, that the defendant [do stand absolutely debarred and foreclosed of and from all equity of redemption of, in and to the said mortgaged premises...
Page 167 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal...
Page 432 - The judges of the Supreme Court of Errors and of the Superior Court shall, upon nomination of the Governor, be appointed by the General Assembly in such manner as shall by law be prescribed.
Page 169 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.