The American and English Encyclopedia of Law1890 |
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Page 5
... perform a required duty at all , or total neglect of duty . The term misfeasance is often carelessly used to describe a malfeas- ance . Coite v . Lynes , 33 Conn . 115 . 3. Bouv . Law Dict .; Willis v . Miller , 29 Fed . Rep . 238. See ...
... perform a required duty at all , or total neglect of duty . The term misfeasance is often carelessly used to describe a malfeas- ance . Coite v . Lynes , 33 Conn . 115 . 3. Bouv . Law Dict .; Willis v . Miller , 29 Fed . Rep . 238. See ...
Page 77
... performed an operation on a woman apparently with her consent . The pa- tient died and her husband brought an action for malpractice , alleging that there was no consent to the operation . Held , that the burden of proof was upon the ...
... performed an operation on a woman apparently with her consent . The pa- tient died and her husband brought an action for malpractice , alleging that there was no consent to the operation . Held , that the burden of proof was upon the ...
Page 91
... perform an act or omit to do an act , the performance or omission of which is enjoined by law . Com . v . Boone County Court , 82 Ky . 632 . MARSHALL , Č . J .: A mandamus is a suit within the meaning of the consti- tution , for it is a ...
... perform an act or omit to do an act , the performance or omission of which is enjoined by law . Com . v . Boone County Court , 82 Ky . 632 . MARSHALL , Č . J .: A mandamus is a suit within the meaning of the consti- tution , for it is a ...
Page 102
... perform an act in execution of a statute which is void.3 6. Equitable Relief . — Where the right is clear and specific and public officers or tribunals refuse to comply with their duty , a writ of mandamus issues for the very purpose of ...
... perform an act in execution of a statute which is void.3 6. Equitable Relief . — Where the right is clear and specific and public officers or tribunals refuse to comply with their duty , a writ of mandamus issues for the very purpose of ...
Page 105
... perform the required duty , but that the performance thereof is actually due from him at the time of the application ... performed . So the writ will not be allowed to compel the village authorities to make special assessments to pay ...
... perform the required duty , but that the performance thereof is actually due from him at the time of the application ... performed . So the writ will not be allowed to compel the village authorities to make special assessments to pay ...
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Common terms and phrases
action for malicious alleged apply Arnould Mar Bank Barb bottomry cargo claim common law Commrs Conn contract court court of equity coverture creditors damages debt deed defendant duty enforce equity estopped evidence fact feme covert feme sole fraud freight Gratt Gray Mass held husband and wife Iowa issue Johns Jones Judge judgment jury liable lie to compel lien loss malicious prosecution maritime lien marriage married woman ment Minn N. J. Eq Ohio St owner party payment peremptory mandamus person Pick plaintiff port probable cause refusal remedy riage rule ship Smith Stat statute Stewart Stewart H stockholders suit Supervisors Tenn tion tort trustee underwriter valid vessel void voyage want of probable warrant Wend writ of mandamus