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 |
From inside the book
Results 1-5 of 80
Page 45
... reason of the uncertainty in the measure , which the testator had provided for determining the quantity that should pass to the second daugh- ter . It was conceded , that the second daughter could not take a portion of the land in ...
... reason of the uncertainty in the measure , which the testator had provided for determining the quantity that should pass to the second daugh- ter . It was conceded , that the second daughter could not take a portion of the land in ...
Page 50
... . We shall soon have to entertain actions for fraud , not only in favor of the party primarily injured , but also in favor of all his C ม creditors , for the reason that his ability to pay 50 [ Vermont , FITZSIMMONS v . JOSLIN .
... . We shall soon have to entertain actions for fraud , not only in favor of the party primarily injured , but also in favor of all his C ม creditors , for the reason that his ability to pay 50 [ Vermont , FITZSIMMONS v . JOSLIN .
Page 59
... reason , that in contracts of sale there are usually two parties , and some degree of antagonism between their interests and efforts ; so that here mind is opposed to mind , and consequently it is somewhat more difficult to see clearly ...
... reason , that in contracts of sale there are usually two parties , and some degree of antagonism between their interests and efforts ; so that here mind is opposed to mind , and consequently it is somewhat more difficult to see clearly ...
Page 68
... reason of the rule justly requires , and nothing more , that is , that the testimony of the deceased witness , or the substance of the testimony , should be given in the very words of the deceased witness . This is the rule required in ...
... reason of the rule justly requires , and nothing more , that is , that the testimony of the deceased witness , or the substance of the testimony , should be given in the very words of the deceased witness . This is the rule required in ...
Page 74
... reason , why the price obtained for him should not be deemed the proper measure of his value . The difference be- tween the price obtained and what the horse ought to be worth by the warranty would be the actual loss which the plaintiff ...
... reason , why the price obtained for him should not be deemed the proper measure of his value . The difference be- tween the price obtained and what the horse ought to be worth by the warranty would be the actual loss which the plaintiff ...
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Common terms and phrases
action admissible admitted agent agreement alleged amount appear applied assignment attorney authority Bank bill brought cause charge cited claim common considered constitution contract conveyance corporation court creditor damages debt deceased decided decision decree deed defendant demand direct dollars effect entitled equity error evidence exceptions execution existence facts fraud further give given ground hands held hold intention interest issue John judge judgment jury land levy liable lien limitations matter ment nature necessary notice objection obtained offered opinion owner paid party payment person plaintiff possession present principal proceedings proof proved purchase question reason received record recover reference regard rendered rule says sheriff Smith statute sufficient suit sustained taken testimony tion trial true trust unless wife 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...