The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 23Abraham Clark Freeman Bancroft-Whitney Company, 1892 - Law reports, digests, etc |
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Results 1-5 of 77
Page 27
... court are conclusive on the question of the validity of statutes under the federal constitution , and are authority to be weighed on the question of their validity under the constitution of the state . In Missouri v . Lewis , 101 U. S. ...
... court are conclusive on the question of the validity of statutes under the federal constitution , and are authority to be weighed on the question of their validity under the constitution of the state . In Missouri v . Lewis , 101 U. S. ...
Page 67
... court . The ninth exception is stated in the record as follows : " During the morning session of the court , and pending the argument of counsel , the court gave notice to counsel that no special instructions would be considered which ...
... court . The ninth exception is stated in the record as follows : " During the morning session of the court , and pending the argument of counsel , the court gave notice to counsel that no special instructions would be considered which ...
Page 68
... court is substantially the same as that stated for the court by Justice Reade in Fowler v . Old North State Ins . Co. , 74 N. C. 89 , and is expressed in almost identical language . In that case , as in ours , a stock of goods had been ...
... court is substantially the same as that stated for the court by Justice Reade in Fowler v . Old North State Ins . Co. , 74 N. C. 89 , and is expressed in almost identical language . In that case , as in ours , a stock of goods had been ...
Page 73
... court at a certain term against certain persons , the appellate court will take judicial notice of the court mentioned , and that it had jurisdic tion . SLANDER - COMPLAINT - SPECIFICATION OF SLANDEROUS WORDS . A com- plaint in slander ...
... court at a certain term against certain persons , the appellate court will take judicial notice of the court mentioned , and that it had jurisdic tion . SLANDER - COMPLAINT - SPECIFICATION OF SLANDEROUS WORDS . A com- plaint in slander ...
Page 99
... court has ac- quired jurisdiction , it has a right to decide every question arising in the case , and however erroneous its decision may be , it is binding on the parties until reversed or annulled . Here we have a competent court with ...
... court has ac- quired jurisdiction , it has a right to decide every question arising in the case , and however erroneous its decision may be , it is binding on the parties until reversed or annulled . Here we have a competent court with ...
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Common terms and phrases
action affirmed agent alleged amount appellant appellee applied authority bond cause cause of action charge cited claim common carrier complained constitution contract contributory negligence conveyance conveyed corporation County court court of equity creditors damages death debt deed defect defendant defendant's demurrer dollars duty entitled equity error estopped evidence execution fact fire fraud grant grantor held husband incest injury instruction insured intent interest judgment jurisdiction jury land liability loss mandamus marriage ment mortgage negligence notice nuisance opinion owner paid parties passenger payment person plaintiff plaintiff in error possession principle promise proof purchaser purpose question quitclaim deed R. R. Co reason received record recover regulate rule servant statute statute of limitations subrogated sufficient suit tenant thereof tion trial trust verdict void warranty wife
Popular passages
Page 822 - Bay, Rhode Island, and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, to be free, sovereign and independent States; that he treats with them as such, and for himself, his heirs and successors, relinquishes all claims to the Government, propriety and territorial rights of the same, and every part thereof.
Page 447 - Marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization, or by a mutual assumption of marital rights, duties, or obligations.
Page 151 - Every action must be prosecuted in the name of the real party in interest, except as otherwise provided in section one hundred and thirteen ; but this section shall not be deemed to authorize the assignment of a thing in action not arising out of contract.
Page 559 - ... to pass all ordinances necessary for the health, convenience and safety of the citizens, aud to carry out the full intent and meaning of this Act, and to accomplish the object of this incorporation...
Page 290 - The question whether each particular case comes within the clause of the statute or not, depends not on the consideration for the promise, but on the fact of the original party remaining liable, coupled with the absence of any liability on the part of the defendant or his property, except such as arises from his express promise.
Page 630 - Nothing can be clearer, both upon principle and authority, than the doctrine that the liability of a surety is not to be extended, by implication, beyond the terms of his contract. To the extent, and in the manner, and under the circumstances, pointed out in his obligation, he is bound, and no further.
Page 893 - What is this but declaring that the law in the States shall be the same for the black as for the white; that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color?
Page 470 - If it imports on its face to be a complete expression of the whole agreement — that is, contains such language as imports a complete legal obligation — -it is to be presumed that the parties have introduced into it every material item and term; and parol evidence cannot be admitted to add another term to the agreement, although the writing contains nothing on the particular one to which the parol evidence is directed.
Page 84 - any man undertaking, for hire, to carry the goods of all persons indifferently;" and in Dwight v. Brewster, 1 Pick. 50, to be, "one who undertakes, for hire, to transport the goods of such as choose to employ him, from place to place.
Page 450 - ... upon the property upon which they have bestowed labor or furnished materials...