The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 52Bancroft-Whitney, 1886 - Law reports, digests, etc |
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Results 1-5 of 91
Page 60
... charge to the jury in Trish v . Newell , 62 Ill . 203 ; but it was held to be objectionable , as requiring a capacity not possessed by the great portion of mankind , even without the impairing effect of disease . MANLY V. SLASON . [ 21 ...
... charge to the jury in Trish v . Newell , 62 Ill . 203 ; but it was held to be objectionable , as requiring a capacity not possessed by the great portion of mankind , even without the impairing effect of disease . MANLY V. SLASON . [ 21 ...
Page 70
... charge , we think , was as favorable to the defendant , as he had any just grounds to claim . Judgment affirmed . TESTIMONY OF DECEASED WITNESS ON FORMER TRIAL . - The cases in this series are collected in Wagers v . Dickey , 49 Am ...
... charge , we think , was as favorable to the defendant , as he had any just grounds to claim . Judgment affirmed . TESTIMONY OF DECEASED WITNESS ON FORMER TRIAL . - The cases in this series are collected in Wagers v . Dickey , 49 Am ...
Page 74
... charge to the jury , to which the defendant excepted , was , that if the defendant warranted the borse , and if it was then unsound , the plaintiff was entitled to recover as damages the difference between what he obtained for the horse ...
... charge to the jury , to which the defendant excepted , was , that if the defendant warranted the borse , and if it was then unsound , the plaintiff was entitled to recover as damages the difference between what he obtained for the horse ...
Page 75
... charge the seller with the expense of keeping the horse , until he can have an opportunity of selling him , that any offer to return him is necessary . It distinctly appearing from the bill of exceptions , that the jury , under the charge ...
... charge the seller with the expense of keeping the horse , until he can have an opportunity of selling him , that any offer to return him is necessary . It distinctly appearing from the bill of exceptions , that the jury , under the charge ...
Page 76
... charge of the judge , we must understand the jury to have found , that these declara- tions were made in the season of 1846 , in the presence of the plaintiff , and were assented to by him ; or else , that they were made in that season ...
... charge of the judge , we must understand the jury to have found , that these declara- tions were made in the season of 1846 , in the presence of the plaintiff , and were assented to by him ; or else , that they were made in that season ...
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Common terms and phrases
action admissible admitted affirmed agent agreement alleged amount appear appellant applied assignment assumpsit attorney authority Bank bill bona fide purchasers cause certificate charge circuit court citing the principal claim common carriers common law complainant constitution contract conveyance corporation court of equity creditor damages debt debtor deceased declaration decree deed defendant doctrine dollars effect entitled evidence execution executor facts fraud fraudulent fraudulent conveyance ground held intention interest issue judge judgment jurisdiction jury land levy liable lien matter ment mortgage ne exeat notice objection opinion owner paid parol party payment person plaintiff in error plea possession proceedings proof proved purchase money question reason received recover rendered replevin rule Samuel Greer scire facias sheriff Smith statute of limitations sufficient suit surety sustained tenant testator testimony thereof tion trial trover trust vendor verdict void witness writ
Popular passages
Page 393 - The records and judicial proceedings of the courts of any State or Territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 324 - Those who shall prefer to remain in the said territories may either retain the title and rights of Mexican citizens or acquire those of citizens of the United States, but they shall be under the obligation to make their election within one year from the date of the exchange of ratifications of this treaty, and those who shall remain in the said territories after the expiration of that year, without having declared their intention to retain the character of Mexicans, shall be considered to have elected...
Page 324 - Mexicans now established in territories previously belonging to Mexico, and which remain for the future within the limits of the United States, as defined by the present treaty, shall be free to continue where they now reside, or to remove at any time to the Mexican Republic, retaining the property which they possess in the said territories, or disposing thereof, and removing the proceeds wherever they please, without their being subjected, on this account, to any contribution, tax, or charge whatever.
Page 325 - The Mexicans who, in the territories aforesaid, shall not preserve the character of citizens of the Mexican Republic, conformably with what is stipulated in the preceding article, shall be incorporated into the Union of the United States, and be admitted at the proper time (to be judged of by the Congress of the United States...
Page 185 - It is upon the same ground that equity interferes in cases of written agreements where there has been an innocent omission or insertion of a material stipulation contrary to the intention of both parties and under a mutual mistake.
Page 111 - ... have been and are devised and contrived of malice, fraud, covin, collusion, or guile, to the end, purpose, and intent to delay, hinder or defraud creditors and others of their just and lawful actions...
Page 296 - To enable this court then to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.
Page 731 - It is that state of the case which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 327 - Foreigners who are, or who may hereafter become bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and inheritance of property, as native born citizens.
Page 730 - If the jury shall find the defendant guilty, or if the defendant pleads only not guilty by reason of insanity, then the question whether the defendant was sane or insane at the time the offense was committed shall be promptly tried...