The American Law Register, Volume 15D.B. Canfield & Company, 1876 - Law |
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Page 34
... party must sustain the damage which happens to befall him . TRESPASS ON THE CASE , for an injury by the negligent driving of the defendant ; brought to the Court of Common Pleas of New Haven county . Facts found and case reserved for ...
... party must sustain the damage which happens to befall him . TRESPASS ON THE CASE , for an injury by the negligent driving of the defendant ; brought to the Court of Common Pleas of New Haven county . Facts found and case reserved for ...
Page 41
... party who is injured by that fraud . Now , being a jurisdiction founded on personal fraud , it is incumbent on the ... parties . The will , as we have seen , is very plainly expressed ; as if the testator was careful to exclude the idea ...
... party who is injured by that fraud . Now , being a jurisdiction founded on personal fraud , it is incumbent on the ... parties . The will , as we have seen , is very plainly expressed ; as if the testator was careful to exclude the idea ...
Page 55
... party complained of for assault and battery , to show that the person assaulted was quarrelsome and fractious , he must show that he had knowledge of such fact ; for the theory upon which such evidence is admitted is , the influence ...
... party complained of for assault and battery , to show that the person assaulted was quarrelsome and fractious , he must show that he had knowledge of such fact ; for the theory upon which such evidence is admitted is , the influence ...
Page 60
... party to . - A mortgagee of an interest in an undivided estate is not entitled to be made a party to a proceeding in partition ; cannot do any act affecting the title or estate of his mortgagor ; nor can he object to partition by the ...
... party to . - A mortgagee of an interest in an undivided estate is not entitled to be made a party to a proceeding in partition ; cannot do any act affecting the title or estate of his mortgagor ; nor can he object to partition by the ...
Page 61
... party for whom he is asked to become surety , and can ascertain from the persons present all the facts necessary to shield himself from fraud , he should make the inquiry : Id . Fraud must not be induced by the person who complains of ...
... party for whom he is asked to become surety , and can ascertain from the persons present all the facts necessary to shield himself from fraud , he should make the inquiry : Id . Fraud must not be induced by the person who complains of ...
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Common terms and phrases
action agent agreement alleged amount appear applied assets assignment assumpsit authority bank bill of lading bond carrier charge charter chose in action church Circuit Court claim common carriers common law consent constitution contract conveyance corporation court of equity creditors damages debt decision declaration decree deed defendant dower duty easement eminent domain entitled equity estoppel evidence execution exemption exercise facts freight grant held husband injury interest judge judgment judicial jurisdiction jury Justice land legislative legislature liable matter ment mortgage negligence offence Ohio opinion owner paid partnership party payment person plaintiff possession principle proceedings promissory note prosecution purchase purpose quasi corporation question railroad company reason recover repeal replevin resulting trust rule Statute of Frauds stockholders suit Supreme Court taxation testator tion trial trust United void wife words
Popular passages
Page 489 - To exercise by its board of directors, or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt...
Page 181 - We think it is a settled principle, growing out of the nature of well ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 176 - A corporation is an artificial being, invisible, intangible, and existing only in contemplation of law. Being the mere creature of law. it possesses only those properties which the charter of its creation confers upon it, either expressly, or as incidental to its very existence.
Page 456 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Page 571 - ... nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship: and that no authority can or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner control, the right of conscience in the free exercise of religious worship.
Page 571 - ... nor can any man be justly deprived or abridged of any civil right, as a citizen, on account of his religious sentiments or peculiar mode of religious worship ; and that no authority can, or ought to be vested in or assumed by any power whatever that shall in any case interfere with or in any manner control the rights of conscience in the free exercise of religious worship...
Page 181 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law as the legislature, under the governing and controlling power vested in them by the constitution may think necessary and expedient.
Page 169 - ... when the importer has so acted upon the thing imported, that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import, and has become subject to the taxing power of the State; but while remaining the property of the importer, in his warehouse, in the original form or package in which it was imported, a tax upon it is too plainly a duty on imports to escape the prohibition in the constitution.
Page 168 - Those who felt the injury arising from this state of things, and those who were capable of estimating the influence of commerce on the prosperity of nations, perceived the necessity of giving the control over this important subject to a single government. It may be doubted whether any of the evils proceeding from the feebleness of the federal government, contributed more to that great revolution which introduced the present system, then the deep and general conviction that commerce ought to be regulated...
Page 675 - And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from whence the said records are or shall be taken.