The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 51Bancroft-Whitney, 1886 - Law reports, digests, etc |
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Results 1-5 of 87
Page 43
... trial is ordered , and the case will go to a jury under instructions carrying out the legal principles above stated . The question of fact will be , whether the defendant by himself , or through his subtenants , has occupied the ...
... trial is ordered , and the case will go to a jury under instructions carrying out the legal principles above stated . The question of fact will be , whether the defendant by himself , or through his subtenants , has occupied the ...
Page 47
... trial granted ; unless , by agreement of the parties , it can be settled in some other way , whether or not the plaintiff is entitled to recover any and what sum , in accordance with the principles above stated , and the verdict altered ...
... trial granted ; unless , by agreement of the parties , it can be settled in some other way , whether or not the plaintiff is entitled to recover any and what sum , in accordance with the principles above stated , and the verdict altered ...
Page 50
... trial . The further ground of defense , arising from the discharge granted by a master in chancery , is also unavailing to the de- fendant ; because the case falls within the provisions of the act of 1844 , chapter 178 , section 5 ...
... trial . The further ground of defense , arising from the discharge granted by a master in chancery , is also unavailing to the de- fendant ; because the case falls within the provisions of the act of 1844 , chapter 178 , section 5 ...
Page 61
... trial , a great amount of evidence was introduced by the parties respectively , to maintain their several claims and grounds of defense . The questions now to be considered relate to the instructions given by the judge before whom the ...
... trial , a great amount of evidence was introduced by the parties respectively , to maintain their several claims and grounds of defense . The questions now to be considered relate to the instructions given by the judge before whom the ...
Page 64
... trial the court will not suffer the plaintiff to recover on the original consideration , un- less he can prove that the note given for it is lost , or can then produce it to be canceled ; but it is no objection to such a re- covery that ...
... trial the court will not suffer the plaintiff to recover on the original consideration , un- less he can prove that the note given for it is lost , or can then produce it to be canceled ; but it is no objection to such a re- covery that ...
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Common terms and phrases
action administrator agent agreement alleged amount appear applied assignment authority bank bill bond cause charge cited claim committed common Commonwealth condition consideration conspiracy contract corporation count court creditor damages debt debtor decided decision decree deed defendant delivered demand direct discharge doctrine effect entitled equity error evidence execution express fact fraud give given granted ground held indictment injury instructions intended interest issue Johns judge judgment jury land liable lien limitations matter means mortgage necessary notice object offense opinion original owner paid party pass payment person plaintiff possession present principal promise proof proved purchaser question reason received recover referred rule says sell Smith sold statute sufficient suit sureties taken term thing tion trial trust unless whole wife writ
Popular passages
Page 577 - This statute is in derogation of the common law, therefore it is not to be extended by implication or construction. "As a rule of exposition, statutes are to be construed in reference to the principles of the common law ; for it is not to be presumed that the legislature intended to make any innovation upon the common -law, further than the case absolutely required.
Page 615 - ... when any husband shall have by cruel and barbarous treatment, endangered his wife's life or offered such indignities to her person as to render her condition intolerable, and life burdensome...
Page 94 - If two or more persons in any state or territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection Opinion of the Court. of the laws, or of equal privileges and immunities under the laws...
Page 656 - From the variety of cases relative to judgments being given in evidence in civil suits these two deductions seem to follow as generally true: First, that the judgment of a court of concurrent jurisdiction directly upon the point is as a plea a bar, or as evidence, conclusive between the same parties upon the same matter directly in question in another court...
Page 93 - .If two or more persons conspire either to commit any offense against the United States or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all the parties to such conspiracy shall be liable to a penalty of not more than ten thousand dollars, or to imprisonment for not more than two years or to both fine and imprisonment in the discretion of the court.
Page 250 - For, if a woman is quick with child, and by a potion or otherwise killeth it in her womb; or if any one beat her, whereby the child dieth in her body, and she is delivered of a dead child ; this, though not murder, was, by the ancient law, homicide or manslaughter.
Page 617 - House, but may be amended or rejected by the other; and on the final passage of all bills they shall be read at length, and the vote shall be by yeas and nays upon each bill separately, and shall be entered on the Journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Page 622 - ... that whenever a question arises in a court of law of the existence of a statute, or of the time when a statute took effect, or of the precise terms of a statute, the judges who are called upon to decide it have a right to resort to any source of information which in its nature is capable of conveying to the judicial mind a clear and satisfactory answer to such question; always seeking first for that which in its nature is most appropriate, unless the positive law has enacted a different rule.
Page 755 - The clear result of all the cases, without a single exception, is that the trust of a legal estate, whether freehold, copyhold, or leasehold, whether taken in the names of the purchaser and others jointly, or in the name of others without that of the purchaser, whether in one name or several, whether jointly or successive, results to the man who advances the purchase money.
Page 502 - 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."* In Freeman v.