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 2
... prove that the signers of the note , by agreement among themselves , were joint makers ; but upon the defendant's objection , the court ruled that parol evidence was not admissible to change the relations of the parties to each other as ...
... prove that the signers of the note , by agreement among themselves , were joint makers ; but upon the defendant's objection , the court ruled that parol evidence was not admissible to change the relations of the parties to each other as ...
Página 4
... prove a payment made at the express or implied request of the defendant . The production of the note would be evidence tending to prove an implied request , it being in the nature of an admission by the defendant that the rela- tions of ...
... prove a payment made at the express or implied request of the defendant . The production of the note would be evidence tending to prove an implied request , it being in the nature of an admission by the defendant that the rela- tions of ...
Página 16
... proves to be the case , there is no hardship in requiring those who wish to establish such lines to pay for the privilege such damages , if any , as may be caused to the owners of property by such use . In many instances , no doubt ...
... proves to be the case , there is no hardship in requiring those who wish to establish such lines to pay for the privilege such damages , if any , as may be caused to the owners of property by such use . In many instances , no doubt ...
Página 37
... prove due care on his part by directly affirma- tive evidence ; the inference of such care may be drawn from the absence of all appearance of fault , either positive or negative , on his part in the circumstances under which the injury ...
... prove due care on his part by directly affirma- tive evidence ; the inference of such care may be drawn from the absence of all appearance of fault , either positive or negative , on his part in the circumstances under which the injury ...
Página 53
... prove that any part of the four bales saved by him contained any of his cotton . The possibilities are too remote , and the chances too uncertain , to be made the basis of judicial action . Reversed and remanded . Montgomery & Eufaula ...
... prove that any part of the four bales saved by him contained any of his cotton . The possibilities are too remote , and the chances too uncertain , to be made the basis of judicial action . Reversed and remanded . Montgomery & Eufaula ...
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Términos y frases comunes
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
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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...