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], Volumen43Bancroft-Whitney Company, 1895 |
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Resultados 1-5 de 89
Página 42
... record , may be filed without first obtaining leave of court ; but an erroneous order of court to strike the bill from its files should not be reversed , unless prejudicial to the appellant . PRACTICE ON BILL OF REVIEW . - In an attack ...
... record , may be filed without first obtaining leave of court ; but an erroneous order of court to strike the bill from its files should not be reversed , unless prejudicial to the appellant . PRACTICE ON BILL OF REVIEW . - In an attack ...
Página 43
... record , exclusive of the evi- dence , contains any substantial error of law pointed out by the bill of review : Story's Equity Pleading , sec . 407 ; Buffing- ton v . Harvey , 95 U. S. 99 . 1. Before any person can be entitled to a ...
... record , exclusive of the evi- dence , contains any substantial error of law pointed out by the bill of review : Story's Equity Pleading , sec . 407 ; Buffing- ton v . Harvey , 95 U. S. 99 . 1. Before any person can be entitled to a ...
Página 44
... sufficiently long to authorize a decree of divorce and for alimony , it may be decreed . " 2. As to the sufficiency of the alimony decreed to the ap- pellant , no error of law appears upon the record 44 [ Arkansas , WOOD . WOOD .
... sufficiently long to authorize a decree of divorce and for alimony , it may be decreed . " 2. As to the sufficiency of the alimony decreed to the ap- pellant , no error of law appears upon the record 44 [ Arkansas , WOOD . WOOD .
Página 45
... record . That is a fact which appears only in the evidence . Upon this point the decree says : " In the matter of alimony , the same hav- ing been heard by the court on proof and arguments of solic- itors , and the parties consenting ...
... record . That is a fact which appears only in the evidence . Upon this point the decree says : " In the matter of alimony , the same hav- ing been heard by the court on proof and arguments of solic- itors , and the parties consenting ...
Página 80
... record on appeal , and this we have held will not be done on a motion to dismiss an appeal . In People v . McNulty , 95 Cal . 595 , it was held that to dis- miss an appeal " upon the ground that it is frivolous is to refuse to consider ...
... record on appeal , and this we have held will not be done on a motion to dismiss an appeal . In People v . McNulty , 95 Cal . 595 , it was held that to dis- miss an appeal " upon the ground that it is frivolous is to refuse to consider ...
Otras ediciones - Ver todas
The American State Reports: Containing the Cases of General Value ..., Volumen43 Vista completa - 1895 |
Términos y frases comunes
adverse possession affidavit agreement alimony alleged appellant appellee applied assignment attorney authority bail Bank bill by-law cause of action charged Charles Shultz claim collateral complaint constitution contract corporation court court of equity creditors damages debt deceased declared decree deed defendant demurrer divorce dollars duty entitled equity estoppel evidence execution fact filed foreclosure fraud grant ground heir held homestead husband indorsement insolvent interest Iowa issued judgment jurisdiction jury land Lassen county liability lien lis pendens matter ment mortgage N. J. Eq negligence notice owner paid parties partner partnership patent payment person petitioner plaintiff possession proceeding purchase question railroad reason record recover rendered Rigney rule statute statute of limitations street suit testator therein thereof tion trial trust ultra vires valid void wife Winter Park Company
Pasajes populares
Página 679 - THAT all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity ; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Página 32 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Página 674 - In all other cases where a general law can be made applicable, no special law shall be enacted.
Página 190 - Curnon, one mortal wound, of the breadth of one inch, and of the depth of three inches, of which said mortal wound he, the said Harmon Curnon, at the ward, city, and county aforesaid, then and there instantly died.
Página 674 - War, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000 or imprisonment for not more than twelve months, or both.
Página 130 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.
Página 77 - Probable cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty.
Página 108 - ... large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions — which undertakes, without the consent of the state, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden which it imposes — is a violation of the contract with the state, and is void as against public policy.
Página 742 - A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court, in its discretion, discharges the jury and directs the defendant to be tried for the crime itself.
Página 610 - ... (as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered), the whole subject-matter of the action will be at large and open to a new contention unless this uncertainty be removed by extrinsic evidence showing the precise point involved and determined. To apply the judgment and give effect to the adjudication actually...