The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 116Abraham Clark Freeman Bancroft-Whitney Company, 1907 - Law reports, digests, etc |
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Other editions - View all
Common terms and phrases
alleged appellant appellee application attorney authority Bank bill cause of action charge cited claim coke common law constitute contract contributory negligence corporation cotenant court of equity creditors crime damages debt deceased decree deed defendant defendant's dollars duty effect ejectment entitled equity error evidence extortion fact fendant heirs held husband injury interest Iowa judgment jury land liable libelous libelous per se lien limitations mandamus Mass ment Minn mortgage N. J. Eq N. Y. Supp negligence offense owner party payment person plaintiff plaintiff in error possession premises presumption prosecution purchase purpose question quitclaim deed reason record recover rule service of process sexual intercourse statute statute of limitations suit testator testified testimony thereof tion tract trial court trust verdict wife witness
Popular passages
Page 333 - ... if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of Justice. Therefore, you have this paramount public policy to consider — that you are not lightly to interfere with this freedom of contract.
Page 905 - States during the period herein allowed for the completion of the contract by the party of the second part, and the party of the first part...
Page 598 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party or a mistake in any other respect, or by inserting other allegations material to the case, when the amendment does not change substantially the claim or defence by conforming the pleading or proceeding to the facts proved.
Page 110 - Court proceedings or affidavit as to a person's heirship, in the absence of evidence to the contrary, it will be presumed that the person died intestate.
Page 948 - It is one thing to inquire whether the rates which have been charged and collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe rates which shall be charged in the future — that is a legislative act.
Page 944 - Constitution protects, we find that when private property is 'affected with a public interest, it ceases to be juris privati only.
Page 984 - All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law.
Page 535 - ... as respects the passing and limitation over of real or personal property dependent under the provisions of any instrument on the foster parent dying without heirs, the minor is not deemed the child of the foster parent so as to defeat the rights of remaindermen.
Page 384 - Women shall retain the same legal existence and legal personality after marriage as before marriage, and shall receive the same protection of all her rights as a woman, which her husband does as a man...
Page 177 - The taking by a State of the private property of one person or corporation, without the owner's consent, for the private use of another, is not due process of law, and is a violation of the fourteenth article of amendment of the Constitution of the United States.