Atlantic Reporter, Volume 2

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West Publishing Company, 1886 - Law reports, digests, etc
 

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Page 303 - It is my will that all my just debts and funeral expenses be paid out of my estate as soon after my decease as shall be found practicable.
Page 527 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 305 - Confirming this and none other to be my last will and testament in testimony whereof I Have Hereunto set my Hand and affixed my seal this twenty ninth day of August in the year of our Lord one Thousand Eight Hundred and Eight Signed Sealed Published and Declared by Michael Keck the above named Testator as and for His Last will and testament...
Page 660 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision. It is so clearly a provision for that race and that emergency that a strong case would be necessary for its application to any other.
Page 405 - The test to determine whether one who renders service to another does so as a contractor or not is to ascertain whether he renders the service in the course of an independent occupation, representing the will of his employer only as to the result of his work, and not as to the means by which it is accomplished.
Page 66 - Every deposit is a direct trust. Every person who receives money to be paid to another, or to be applied to a particular purpose to which he does not apply it, is a trustee, and may be sued either at law for money had and received, or in equity, as a trustee, for a breach of trust.
Page 328 - That the rules of construction cannot be strained to bring a devise within the rules of law; but it seems that, where the will admits of two constructions, that is to be preferred which will render it valid...
Page 671 - Exceptional circumstances will modify the most carefully guarded rule ; but, as a general thing, we should say that the compensation to the owner is to be estimated by reference to the uses for which the property is suitable, having regard to the existing business or wants of the community, or such as may be reasonably expected in the immediate future.
Page 672 - The power of alteration and amendment is not without limit. The alterations must be reasonable ; they must be made in good faith, and be consistent with the scope and object of the act of incorporation.
Page 457 - York of 1828, c. 18, tit. 3, it was enacted that " the charter of every corporation that shall hereafter be granted by the legislature shall be subject to alteration, suspension and repeal, in the discretion of the legislature.

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