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], المجلد 67Abraham Clark Freeman Bancroft-Whitney Company, 1899 |
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الصفحة 31
... Applying the rule that the pleadings must be construed most strongly against the pleader , the replication is insufficient . It avers that plaintiff " had substantially kept a set of books from which the loss could have been ascertained ...
... Applying the rule that the pleadings must be construed most strongly against the pleader , the replication is insufficient . It avers that plaintiff " had substantially kept a set of books from which the loss could have been ascertained ...
الصفحة 34
... applied , the action sought to hold the principal or superior responsible for a common - law liability . The actions were to recover dam- ages sustained as the consequential and natural result of the tort of the agent or servant . If ...
... applied , the action sought to hold the principal or superior responsible for a common - law liability . The actions were to recover dam- ages sustained as the consequential and natural result of the tort of the agent or servant . If ...
الصفحة 37
... applied to the common - law action for the recov- ery of damages . A decision of the question now considered was not before the court in either of those cases , and what was said with reference to the liability of a principal for the ...
... applied to the common - law action for the recov- ery of damages . A decision of the question now considered was not before the court in either of those cases , and what was said with reference to the liability of a principal for the ...
الصفحة 79
... applied to the payment of old debts for cur- rent expenses , and use it to make permanent improvements on the fixed property , or to buy additional equipment . In this way the value of the mortgaged property is not infrequently ma ...
... applied to the payment of old debts for cur- rent expenses , and use it to make permanent improvements on the fixed property , or to buy additional equipment . In this way the value of the mortgaged property is not infrequently ma ...
الصفحة 83
... applied them to the payment of the fixed charges on the railroad struc- tures , thus increasing the security of the bondholders at the ex- pense of the labor and supply creditors , there was such a diver- sion of what is denominated in ...
... applied them to the payment of the fixed charges on the railroad struc- tures , thus increasing the security of the bondholders at the ex- pense of the labor and supply creditors , there was such a diver- sion of what is denominated in ...
طبعات أخرى - عرض جميع المقتطفات
عبارات ومصطلحات مألوفة
action adverse possession affidavit ALABAMA alleged appellant appellee applied arrest attachment authority averment Bank bill bond cause charge claim common carrier common law complaint contract corporation court court of equity creditors damages debt debtor decree deed defendant defendant's demurrer dollars Dresden Milling duty entitled equity error evidence execution explosion fact false imprisonment firm Fort Payne fraud grant ground gunpowder held indorser injunction injury intention Iowa issued judgment judgment debtor jurisdiction jury justice land levy liable lien matter mechanic's lien ment monographic note mortgage negligence nuisance officer owner parties partner partnership payment person plaintiff plaintiff in error plea possession prosecution purchase purpose question railroad reason receiver recover rule statute street suit sureties testator thereof tion trespass trust void witness writ
مقاطع مشهورة
الصفحة 892 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
الصفحة 636 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
الصفحة 465 - Provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food...
الصفحة 883 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
الصفحة 78 - ... every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed ; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.
الصفحة 465 - If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it. (4) If it is an imitation of, or is sold under the name of, another article. (5) If it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce...
الصفحة 85 - ... of which the mortgagee is to be paid is the net income obtained by deducting from the gross earnings what is required for necessary operating and managing expenses, proper equipment and useful improvements. Every railroad mortgagee in accepting his security impliedly agrees that the current debts made in the ordinary course of business shall be paid from the current receipts before he has any claim upon the income.
الصفحة 552 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
الصفحة 832 - ... no officer, agent, or other representative of the company shall have power to waive any provision or condition of this policy...
الصفحة 727 - The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.