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 71Bancroft-Whitney, 1886 - Law reports, digests, etc |
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Results 1-5 of 88
Page 49
... INSTRUCTIONS UPON ANY POINT NOT FAIRLY ARISING upon the evidence adduced in the case . PARTY IS LIABLE FOR POLLUTING WATER OF HIS NEIGHBOR'S WELL , by negligently leaving noxious substances on his land , whether such rub- stances are ...
... INSTRUCTIONS UPON ANY POINT NOT FAIRLY ARISING upon the evidence adduced in the case . PARTY IS LIABLE FOR POLLUTING WATER OF HIS NEIGHBOR'S WELL , by negligently leaving noxious substances on his land , whether such rub- stances are ...
Page 51
... instructions upon any point not fairly arising upon the evidence adduced . If The remaining question respects the correctness of the charge below , in relation to the liability of the defendant for the conse- quences of his placing ...
... instructions upon any point not fairly arising upon the evidence adduced . If The remaining question respects the correctness of the charge below , in relation to the liability of the defendant for the conse- quences of his placing ...
Page 56
... INSTRUCTIONS : See Treat v . Lord , 66 Am . Dec. 298 , note 305 , where other cases are collected ; Penobscot P. R. Co. v . White , Id . 257 ; Heirn v . McCaughan , Id . 588 , note 603 , where other cases are collected . OBJECTION TO ...
... INSTRUCTIONS : See Treat v . Lord , 66 Am . Dec. 298 , note 305 , where other cases are collected ; Penobscot P. R. Co. v . White , Id . 257 ; Heirn v . McCaughan , Id . 588 , note 603 , where other cases are collected . OBJECTION TO ...
Page 79
... instructions , if they contain the true rule of law on the subject and will sustain their defense ; but we think that the propositions which they contain are not the law ; and that the court committed no error in refusing so to charge ...
... instructions , if they contain the true rule of law on the subject and will sustain their defense ; but we think that the propositions which they contain are not the law ; and that the court committed no error in refusing so to charge ...
Page 127
... instructions for it , or by proof of some other fact or facts of equal force . CAVEAT to a will . The ordinary pronounced in favor of the will and admitted it to probate , except as to certain clauses re- jected as contrary to the ...
... instructions for it , or by proof of some other fact or facts of equal force . CAVEAT to a will . The ordinary pronounced in favor of the will and admitted it to probate , except as to certain clauses re- jected as contrary to the ...
Contents
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Common terms and phrases
action admissible adverse possession affirmed agent agreement alleged amount appear appellant appellee assumpsit authority baggage Bank bill carrier cause charge charter charter-party Chicago citing the principal claim common common carriers common law Commonwealth complainant contract corporation counsel court of equity creditors damages debt declaration deed defendant defendant's delivered demurrer doctrine dollars entitled evidence execution facts fraud fraudulent granted ground held husband indictment indorser injury instructions intention judge judgment jury land liable Lobos islands ment mortgage negligence notice objection opinion owner paid parol parties payment person plaintiff in error possession promise promissory note proof purchaser question R. R. Co reason received recover refused replevin rule sheriff Smith statute stockholders sufficient suit supra sustained testator testimony thereof tion trial trust valid verdict vessel void Western U. T. Western U. T. Co witness writ
Popular passages
Page 308 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Page 371 - In any indictment for murder or manslaughter, or for being an accessory to any murder or manslaughter, it shall not be necessary to set forth the manner in which, or the means by which, the death of the deceased was caused, but it shall be sufficient in any indictment for murder to charge that the defendant did feloniously, wilfully, and of his malice aforethought, kill and murder the deceased, and it shall be sufficient in any indictment for manslaughter to charge that the defendant did feloniously...
Page 316 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 308 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Page 513 - No ex post facto law, nor any law impairing the obligation of contracts, shall be passed, nor vested rights be divested, unless for purposes of public utility, and for adequate compensation previously made.
Page 465 - It is agreed between the sender of the following message and this company, that said company shall not be liable for mistakes or delays in the transmission or delivery, or for non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 130 - The second is, that if a party writes or prepares a will under which he takes a benefit, that is a circumstance which ought generally to excite the suspicion of the Court, and calls upon it to be vigilant and jealous in examining the evidence in support of the instrument, in favour of which it ought not to pronounce unless the suspicion is removed, and it is judicially satisfied that the paper propounded does express the true will of the deceased.
Page 675 - When a person is responsible over to another, either by operation of law or by express contract, and he is duly notified of the pendency of the suit, and requested to take upon him the defense of it, he is no longer regarded as a stranger...
Page 467 - The Company will not be liable for damages or statutory penalties in any case where the claim is not presented in writing within sixty days after the message is filed with the Company for transmission.
Page 245 - The rate of interest upon the loan or forbearance of any money, goods or things in action...