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 19
... error is com- mitted if the answer is favorable to the objecting party : Southern Ry . Co. v . Crowder , 135 Ala . 417 , 33 South . 335 . Many of the exceptions noted in this record were thus ren- dered innocuous as reversible errors ...
... error is com- mitted if the answer is favorable to the objecting party : Southern Ry . Co. v . Crowder , 135 Ala . 417 , 33 South . 335 . Many of the exceptions noted in this record were thus ren- dered innocuous as reversible errors ...
الصفحة 43
... error in overruling the executor's exceptions to the report setting aside the piano as exempt . Affirmed . Tyson , C. J. , and Anderson and McClellan , JJ . , concur . WEARING APPAREL AS EXEMPT . I. Wearing Apparel as Such . a . The ...
... error in overruling the executor's exceptions to the report setting aside the piano as exempt . Affirmed . Tyson , C. J. , and Anderson and McClellan , JJ . , concur . WEARING APPAREL AS EXEMPT . I. Wearing Apparel as Such . a . The ...
الصفحة 71
... error to in- struct the jury that " the burden of proving that there has been no negligence is cast upon the defendant " ; that , in ef- fect , this was to instruct the jury that the burden was cast upon it to prove by a preponderance ...
... error to in- struct the jury that " the burden of proving that there has been no negligence is cast upon the defendant " ; that , in ef- fect , this was to instruct the jury that the burden was cast upon it to prove by a preponderance ...
الصفحة 89
... error . It may be conceded that these acts and declarations were not part of the res gestae of the shooting . They occurred after the injury was done , and not in the sight or hearing of the defendants . They tended to prove no fact ...
... error . It may be conceded that these acts and declarations were not part of the res gestae of the shooting . They occurred after the injury was done , and not in the sight or hearing of the defendants . They tended to prove no fact ...
الصفحة 113
... error The defendant also claimed that in any event the statute of limitations applicable to the plaintiff's action was con- tained in section 1115 of the General Statutes , and was a bar to so much of the plaintiff's cause of action as ...
... error The defendant also claimed that in any event the statute of limitations applicable to the plaintiff's action was con- tained in section 1115 of the General Statutes , and was a bar to so much of the plaintiff's cause of action as ...
طبعات أخرى - عرض جميع المقتطفات
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.