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 125Abraham Clark Freeman Bancroft-Whitney Company, 1909 |
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الصفحة 24
... consideration and a certain royalty on the coal and oil taken therefrom , and which provides that a mine shall be begun and operated at the sole discretion of the lessee , and that no cessation of operation in mining , or availing ...
... consideration and a certain royalty on the coal and oil taken therefrom , and which provides that a mine shall be begun and operated at the sole discretion of the lessee , and that no cessation of operation in mining , or availing ...
الصفحة 26
... consideration must be something 211 of value ; is a promise , one capable of enforcement in some tribunal , legal or equitable , and that failing , the agreement is a mere nude pact , void for want of mutuality in the obligation ...
... consideration must be something 211 of value ; is a promise , one capable of enforcement in some tribunal , legal or equitable , and that failing , the agreement is a mere nude pact , void for want of mutuality in the obligation ...
الصفحة 42
... consideration as to exemptions in favor of the widow and minor children is broader than in section 2037. In the former the phrase is , " all the wear- ing apparel of the decedent , " while in the latter it is qualified and limited ...
... consideration as to exemptions in favor of the widow and minor children is broader than in section 2037. In the former the phrase is , " all the wear- ing apparel of the decedent , " while in the latter it is qualified and limited ...
الصفحة 85
... consideration of all the authorities and from the very reason of the matter itself , we are satisfied that ap- pellant's position cannot be maintained . A cause of action , as Professor Pomeroy points out with his usual lucidity ...
... consideration of all the authorities and from the very reason of the matter itself , we are satisfied that ap- pellant's position cannot be maintained . A cause of action , as Professor Pomeroy points out with his usual lucidity ...
الصفحة 134
... consideration of the court , being admitted as parties for that purpose , if strangers to the cause . It became the privi- lege of the hat company , already a party , if it conceived that it had acquired a new status in relation to the ...
... consideration of the court , being admitted as parties for that purpose , if strangers to the cause . It became the privi- lege of the hat company , already a party , if it conceived that it had acquired a new status in relation to the ...
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عبارات ومصطلحات مألوفة
admissible adverse possession alleged amount appellant applied attorney authority Bank bona fide purchaser breach carrier cause of action claim common carrier constitution contract contributory negligence corporation covenant of seisin damages death deceased decree deed defendant defendant's divorce dollars duty easement entitled evidence exercise fact fendant fraud granted held injury Iowa issue judgment jurisdiction jury land liable mandamus Mass ment Minn mortgage N. Y. Supp negligence negotiable negotiable instrument notice Ohio St opinion owner paid parties passenger payment person plaintiff plaintiff in error possession proceedings promissory note purchaser purpose question quo warranto railroad reason recover refused respondent rule statute statute of frauds statute of limitations street sustained testator thereof tion valid verdict void wife writ
مقاطع مشهورة
الصفحة 970 - In a suit to quiet title to land the plaintiff must recover upon the strength of his own title and not upon the weakness of his adversary's.
الصفحة 880 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
الصفحة 680 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
الصفحة 766 - ... or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
الصفحة 153 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
الصفحة 502 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done that the propriety or impropriety of issuing a mandamus, is to be determined.
الصفحة 592 - This is an appeal from an order sustaining a demurrer to the complaint on the ground that it does not state a cause of action.
الصفحة 418 - ... the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architects, whose certificate thereof shall be conclusive upon the parties.
الصفحة 418 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work wIth promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architects, the Owner shall be at liberty, after three days...
الصفحة 394 - ... and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.