The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Nide 49Bancroft-Whitney, 1885 |
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Tulokset 1 - 5 kokonaismäärästä 54
Sivu 2
... objection had been taken , the judge would have been obliged to rule that there was a variance . The plaintiff however did not intend to rest his case so , and offered to prove that the signers of the note , by agreement among ...
... objection had been taken , the judge would have been obliged to rule that there was a variance . The plaintiff however did not intend to rest his case so , and offered to prove that the signers of the note , by agreement among ...
Sivu 4
... objection of a variance , which objection the plaintiff might well wish to avoid . This objection was waived by not being taken . Besides the burden of proof rested upon the plaintiff to prove a payment made at the express or implied ...
... objection of a variance , which objection the plaintiff might well wish to avoid . This objection was waived by not being taken . Besides the burden of proof rested upon the plaintiff to prove a payment made at the express or implied ...
Sivu 13
... objection to the statute because it does not provide a sufficient remedy for the owners of property near to or adjoining the way , who may be inci- dentally injured by the structures which the telegraph companies may have been permitted ...
... objection to the statute because it does not provide a sufficient remedy for the owners of property near to or adjoining the way , who may be inci- dentally injured by the structures which the telegraph companies may have been permitted ...
Sivu 19
... objecting to the use of the streets by plaintiffs and plaintiffs had the consent of the people for such use . As was said in the Story case , page 160 , in speaking of the authority given by the legislature : ' So far as the public is ...
... objecting to the use of the streets by plaintiffs and plaintiffs had the consent of the people for such use . As was said in the Story case , page 160 , in speaking of the authority given by the legislature : ' So far as the public is ...
Sivu 38
... objection , during the transit of the boat , and as it approaches the shore , is a matter of common knowledge . It cannot be held , as matter of law , that they are to be deemed so unsafe that one standing there is guilty of a want of ...
... objection , during the transit of the boat , and as it approaches the shore , is a matter of common knowledge . It cannot be held , as matter of law , that they are to be deemed so unsafe that one standing there is guilty of a want of ...
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action affirmed agent agreement alleged amount answer appear appellant appellee applied authority Bank cars cause charge church circumstances cited City claim common condition consideration considered Constitution construction contract corporation court damages decision defendant delivered determine duty effect error established evidence executed exercise existence facts give given ground held highway hold indictment injury Insurance intention interest issue judge judgment jury justice land liable limited Mass matter means nature necessary negligence notice objection opinion owner paid parties pass payment Penn person plaintiff possession present principle proper purchase question Railroad Company reason received recover reference relation rendered result rule says statute street sufficient supra sustained taken thing tion train trial true witness
Suositut otteet
Sivu 179 - J., observed that in order for it to apply "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 defendants, that the accident arose from want of care.
Sivu 562 - But no person shall hold the office of Justice or Judge of any court longer than until and including the last day of December next, after he shall be seventy years of age.
Sivu 302 - The police power of the state extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the state; • • • and persons and property are subjected to all kinds of restraints and burdens. In order to secure the general comfort, health, and prosperity of the state; of the perfect right in the legislature to do which no question ever was, or, upon acknowledged general principles, ever can be, made, so far as natural persons...
Sivu 740 - If the remedy at law . is sufficient, equity cannot give relief, "but it is not enough that * there is a remedy at law; it must be plain and adequate, or. in other words, as practical and efficient to the ends of justice, and its prompt administration, as the remedy in equity.
Sivu 695 - If a guardian, tenant for life or years, joint tenant, or tenant in common of real property, commit waste thereon, any person aggrieved by the waste may bring an action against him therefor, in which action there may be judgment for treble damages.
Sivu 691 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
Sivu 73 - A pardon is a deed, to the validity of which delivery is essential ; and delivery is not complete without acceptance. It may then be rejected by the person to whom it is tendered ; and if it be rejected, we have discovered no power in a court to force it on him.
Sivu 400 - It appears to us that the proper question for the jury in this case, and indeed in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Sivu 133 - whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Sivu 709 - ... with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him in his official capacity...