Reports of Cases in the Supreme Court of Appeals of Virginia
D. Bottom, Superintendent of Public Print., 1881
Some vols. also contain reports of cases in the General Court of Virginia.
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action adm'r aforesaid amount answer appear appellant applied appointed authority bank bill bond cause charge circuit court claim commissioner considered Constitution contract conveyed counsel creditors death debt deceased decree deed defendant delivered directed effect elected endorsement entitled equity error evidence exceptions execution executor express facts filed fund further give given Gratt ground hands held intended interest issued January John judge judgment July jury land lien March matter ment Morriss necessary notice objection opinion paid parties payment petition plaintiff possession present principal prisoner proceedings proceeds proper provision purchase question real estate reason received record referred rendered respect Richmond road rule separate sold statute suit taken Term thereof tion trial trust whole wife witness writ
Página 819 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Página 176 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Página 176 - But the rule of law is clear, that where one, by his words or conduct, wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time...
Página 399 - According to that view, the separate property of a married woman being a creature of equity, it follows, that, if she has a power to deal with it, she has the other power incident to property in general; namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property, as the only...
Página 700 - We say, by necessary implication, for it is not sufficient to establish that subsequent laws cover some or even all of the cases provided for by it. for they may be merely affirmative or cumulative or auxiliary. But there must be a positive repugnancy between the provisions of the new law and those of the old ; and even then, the old law Is repealed by implication, only pro tanto, to the extent of the repugnancy.
Página 639 - The mortgagee has his strict rights which he may enforce in the ordinary way. If he asks no favors he need grant none. But if he calls upon a court of chancery to put forth its extraordinary powers and grant him purely equitable relief, he may with propriety be required to submit to the operation of a rule which always applies in such cases, and do equity in order to get equity.
Página 617 - This day came again the parties by their counsel, and the court, having maturely considered the transcript of the record of the decree aforesaid...
Página 139 - These are the bodily injury sustained ; the pain undergone ; the effect on the health of the sufferer, according to its degree and its probable duration as likely to be temporary or permanent...
Página 748 - Company that the foregoing is a just, full and true exposition of all the facts and circumstances in regard to the condition, situation, value and risk of the property to be insured, so far as the same are known to the applicant and are material. to the risk...