Rose's Notes on the United States Supreme Court Reports: (2 Dallas to 241 United States Reports) Showing the Present Value as Authority of All Cases Therein Reported as Disclosed by All Subsequent Citations in All the Courts of Last Resort, Both Federal and State, and in the Annotations in American Decisions, American Reports, American State Reports, Annotated Cases (American and English), Lawyers' Reports Annotated, English Ruling Cases, British Ruling Cases, Negligence and Compensation Cases Annotated, with Parallel References to the Above-mentioned Annotated Cases, the Lawyers' Edition of the U. S. Reports and the Reporter System, Libro 10Bancroft-Whitney, 1918 |
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action alleged appeal applying rule arguendo assessment assignee Assn authority bill Blatchf bona fide purchaser bonds Central Trust Co certificate charter claim Colo Constitution contract County creditors debt decree deed defendant denying dissenting opinion Distinguished District enforce enjoin entitled equity estopped estoppel evidence Federal court following rule foreclosure foreign corporation forfeiture fraud grant habeas corpus holder holding city infringement injury insolvent interest invalid Iowa issued judgment jurisdiction jury land liable lien Loan majority holding mandamus ment mortgage municipal municipal bonds national bank Note owner Pacific party patent payment plaintiff prior purchaser R. R. Co railroad recover refusing removal Sawy South Stats statute stockholders street suit sustaining tion trademark Trust ultra vires Union upholding usurious valid void waived Western Union
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Página 642 - ... where it is a simple question of capacity or authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted in an action founded on it to question its validity. It would be in the highest degree inequitable and unjust to permit the defendant to repudiate a contract the fruits of which he retains.
Página 377 - It is such as, in judgment of law, is sufficient to establish the fact; and, if not rebutted, remains sufficient for the purpose.
Página 252 - Any agreement, declaration, or course of action on the part of an insurance company which leads a party insured honestly to believe that by conforming thereto a forfeiture of his policy will not be incurred, followed by due conformity on his part, will and ought to estop the company from insisting upon the forfeiture, though it might be claimed under the express letter of the contract.
Página 295 - Doing or omitting to do a thing knowingly and wilfully, implies not only a knowledge of the thing, but a determination with a bad intent to do it or to omit doing it. 'The word " wilfully," ' says Chief Justice Shaw, ' in the ordinary sense in which it is used in statutes, means not merely " voluntarily,
Página 931 - Whoever, by virtue of public position under a state government, deprives another of property, life or liberty without due process of law, or denies or takes away the equal protection of the laws, violates the constitutional inhibition; and as he acts in the name and for the state, and is clothed with the state's power, his act is that of the state. This must be so, or the constitutional prohibition has no meaning.
Página 293 - Individuals as well as courts must take notice of the extent of authority conferred by law upon a person acting in an official capacity, and the rule applies in such a case that ignorance of the law furnishes no excuse for any mistake or wrongful act.
Página 578 - When the use is public, the necessity or expediency of appropriating any particular property is not a subject of judicial cognizance.
Página 719 - Where the necessary parties are before a court of equity, it is immaterial that the res of the controversy, whether it be real or personal property, is beyond the territorial jurisdiction of the tribunal.
Página 614 - The above section provides that " the laws of the several States, except where the constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decisions in trials at common law, in the courts of the United States, in cases where they apply.