Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volumen17Michigan. Supreme Court, Randolph Manning, George C. Gibbs, William Jennison, Thomas McIntyre Cooley, Elijah W. Meddaugh, John Adams Brooks, Hovey K. Clarke, Hoyt Post, James M. Reasoner, Henry Allen Chaney, Richard W. Cooper, William Dudley Fuller, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1869 |
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Página 12
... determine . And the court has no right to withdraw the question of malice from the jury by assuming to draw the proper inferences from the whole or any part of the facts proved as presumptions of law . -10 Mich . 218 . The burden of ...
... determine . And the court has no right to withdraw the question of malice from the jury by assuming to draw the proper inferences from the whole or any part of the facts proved as presumptions of law . -10 Mich . 218 . The burden of ...
Página 13
... determine whether the provocation in the particular case is sufficient or reasonable . This is essentially a question of fact , and to be decided with reference to the peculiar facts of each par- ticular case . - 10 Mich . 221 , 222 ...
... determine whether the provocation in the particular case is sufficient or reasonable . This is essentially a question of fact , and to be decided with reference to the peculiar facts of each par- ticular case . - 10 Mich . 221 , 222 ...
Página 24
... determine whether the charge is objectionable in the particular referred to . To The only remaining error alleged , relates to the refusal of the Recorder to charge , as requested , upon the evidence adduced by the defendant to ...
... determine whether the charge is objectionable in the particular referred to . To The only remaining error alleged , relates to the refusal of the Recorder to charge , as requested , upon the evidence adduced by the defendant to ...
Página 29
... determining the validity of the plea ; and if such a plea is no answer , then the plea is bad and should have been overruled . A plea of the statute of limitations to accounts between partners is not good . - 1 Dev . Ch . R. 533 ; 7 ...
... determining the validity of the plea ; and if such a plea is no answer , then the plea is bad and should have been overruled . A plea of the statute of limitations to accounts between partners is not good . - 1 Dev . Ch . R. 533 ; 7 ...
Página 43
... , for defendant in error . The sole question in this case , is to determine how far parol evidence may be admitted to show that the whole of BOWKER V. JOHNSON . the original agreement was not reduced APRIL TERM , 1868 , AT DETROIT . 43.
... , for defendant in error . The sole question in this case , is to determine how far parol evidence may be admitted to show that the whole of BOWKER V. JOHNSON . the original agreement was not reduced APRIL TERM , 1868 , AT DETROIT . 43.
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Términos y frases comunes
admissible admitted affidavit agreement alleged amount appears assignment assumpsit attornment AUDITOR Barb bill Caplis cause of action charge CHRISTIANCY Circuit Court Circuit Judge City of Detroit claim Commissioner common counts common law Comp complainant constitution contract COOLEY CH counsel court of equity damages declaration deed defendant in error defendant's DETROIT AND MILWAUKEE district Ellis entitled evidence execution facts fence ground held Henry H injunction intended issue judgment jury jury fees LAKE SUPERIOR lands legislature levy lien lumber mandamus ment MILWAUKEE R. R. misjoinder mortgage negligence notice objection offered Oliver Johnson paid parol parties payment person plaintiff in error possession premises proceedings proof prosecution prove purchase question reasonable record recover refused Regents rendered replevin ROMEYN rule specific taxes statute STEINBURG suit Swinscoe tending to show testimony tion township trial void Wayne witness writ
Pasajes populares
Página 77 - All specific State taxes, except those received from the mining companies of the Upper Peninsula, shall be applied in paying the interest upon the primary school, university, and other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to, and constitute a part of the primary school interest fund.
Página 74 - Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object.
Página 178 - The board of regents shall have the general supervision of the University, and the direction and control of all expenditures from the University interest fund.
Página 21 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Página 19 - The counsel for the defendant requested the court to charge the jury that if they believed...
Página 120 - The case, however, must be a very clear one which would justify the court in taking upon itself this responsibility. For when the judge decides that a want of due care is not shown, he necessarily fixes in his own mind the standard of ordinary prudence, and measuring the plaintiff's conduct by that, turns him out of court upon his opinion of what a reasonably prudent man ought to have done under the circumstances.
Página 87 - The taxing power of a state is one of its attributes of sovereignty. And where there has been no compact with WALCOTT v. TRE PEOFLE. the federal government, or cession of jurisdiction, for the purposes specified in the constitution, this power reaches all the property and business within the state, which are not properly denominated the means of the general government, and.
Página 201 - ... to testify at all to matters which, if true, must have been equally within the knowledge of such deceased person...
Página 80 - SEC. 10. The State may continue to collect all specific taxes accruing to the treasury under existing laws. The Legislature may provide for the collection of specific taxes, from banking, railroad, plank-road, and other corporations hereafter created.
Página 123 - ... conclusions has been drawn by the jury. The inferences to be drawn from the evidence must either be certain and incontrovertible, or they cannot be decided upon by the court. Negligence cannot be conclusively established by a state of facts upon which fair-minded men may well differ.