The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volumen49Bancroft-Whitney, 1885 |
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Página 82
... error of the petitioner is in supposing that any specific por- tion of the money is his property . Such portion only of the money collected will be his property as the court may fix ; and until so fixed , he has no such right of ...
... error of the petitioner is in supposing that any specific por- tion of the money is his property . Such portion only of the money collected will be his property as the court may fix ; and until so fixed , he has no such right of ...
Página 90
... error . - " If this were an executory contract to convey , and the purchaser sought to enforce a conveyance upon payment of the consideration , equity might refuse to do so ; but where she has received the consideration , and executed ...
... error . - " If this were an executory contract to convey , and the purchaser sought to enforce a conveyance upon payment of the consideration , equity might refuse to do so ; but where she has received the consideration , and executed ...
Página 95
... error . In and of themselves the books were not admissible for the pur- pose of proving partnership . Until there was evidence of the fact , at the times of the entries on the books , the entries are to be regarded as res inter alios ...
... error . In and of themselves the books were not admissible for the pur- pose of proving partnership . Until there was evidence of the fact , at the times of the entries on the books , the entries are to be regarded as res inter alios ...
Página 113
... error . McCollum and Watson , for defendant in error . GORDON , J. This case presents two main questions for our con- sideration and resolution , and these being determined , all others raised by the assignments may be passed as of ...
... error . McCollum and Watson , for defendant in error . GORDON , J. This case presents two main questions for our con- sideration and resolution , and these being determined , all others raised by the assignments may be passed as of ...
Página 116
... error . Williams and Angle , for defendants in error . The defend- MERCUR , C. J. It is true a deed from a husband directly to his wife is a nullity at common law . Under modern legislation and the application of equitable principles ...
... error . Williams and Angle , for defendants in error . The defend- MERCUR , C. J. It is true a deed from a husband directly to his wife is a nullity at common law . Under modern legislation and the application of equitable principles ...
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action affirmed agent agreement alleged appellant appellee applied authority averment cars cause charge Chattanooga and St church cited City claim common law conductor Constitution contempt contract contributory negligence conviction corporation counsel court of equity creditor criminal damages debt decision declared deed defendant in error defendant's demurrer discharge doctrine duty entitled evidence execution exercise facts habeas corpus held Indianapolis indictment injury Insurance intention Iowa Jeffersonville judge judgment judicial judicial notice jurisdiction jury justice land legislature liable libel marriage ment negligence offense opinion owner paid pardon parties passenger payment Penn person plaintiff in error possession prosecution provision punish purchase purpose question Railroad Company Railway reason received recover replevin rule says servant statute supra Supreme Court sustained tenant Terre Haute testator tion train trial verdict void Wend witness
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Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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.
Página 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...