The Southwestern Reporter, Volumen91

West Publishing Company, 1906

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Términos y frases comunes

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Página 237 - And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend...
Página 297 - No person or persons, belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in the cases herein expressly directed or permitted.
Página 421 - Be it therefore enacted, that whensoever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof...
Página 201 - Denman, in disposing of the motion for a rule nisi made by the defendant for a new trial on the ground of misdirection and that the verdict was against the evidence, said " that upon the facts established the question of negligence was strictly within the province of a jury...
Página 134 - The discretion of a judge is the law of tyrants: it is always unknown ; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice ; in the worst, it is every vice, folly, and passion to which human nature is liable.
Página 39 - The objection, that the action was not commenced within the time limited, can be taken only by answer.
Página 64 - The evidence, consisting as it does in the mere repetition of oral statements, is subject to much imperfection and mistake; the party himself being misinformed, or not having clearly expressed his own meaning, or the witness having misunderstood him. It frequently happens, also...
Página 392 - January eighteen hundred and thirty-eight, and until others shall be elected and qualified; and thereafter th'ey shall hold their offices for two years, and until their successors shall be elected and qualified.
Página 248 - Contract, then this obligation shall be null and void ; otherwise it shall remain in full force and effect.
Página 108 - A party cannot, either in the course of litigation, or In dealings In pais, occupy Inconsistent positions. Upon that rule election Is founded. 'A man shall not be allowed,' In the language of the Scotch law, 'to approbate and reprobate.

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