The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 116
Abraham Clark Freeman
Bancroft-Whitney Company, 1907 - Law reports, digests, etc
Other editions - View all
alleged appellant appellee application attorney authority Bank bill cause of action charge cited claim coke common law constitute contract contributory negligence corporation cotenant court of equity creditors crime damages debt deceased decree deed defendant defendant's dollars duty ejectment entitled equity error evidence extortion fact heirs held husband injury interest Iowa judgment jury land liable libelous libelous per se lien limitations mandamus Mass ment Minn mortgage N. J. Eq N. Y. Supp negligence offense Ohio St owner party payment person plaintiff plaintiff in error possession presumption prosecution purchase purpose question quitclaim deed reason recover rule service of process sexual intercourse statute statute of limitations suit testator testified testimony thereof tion trial court trust verdict wife witness
Page 949 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 915 - We do not see how a better test can be applied to the question whether reasonable or not, than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 909 - States during the period herein allowed for the completion of the contract by the party of the second part, and the party of the first part...
Page 602 - The court may, before or after judgment, in furtherance of justice, and on such terms as may be proper, amend any pleading or proceeding, by adding or striking out the name of any party, or by correcting a mistake in the name of a party or a mistake in any other respect, or by inserting other allegations material to the case, when the amendment does not change substantially the claim or defence by conforming the pleading or proceeding to the facts proved.
Page 114 - Court proceedings or affidavit as to a person's heirship, in the absence of evidence to the contrary, it will be presumed that the person died intestate.
Page 388 - Women shall retain the same legal existence and legal personality after marriage as before marriage, and shall receive the same protection of all her rights as a woman, which her husband does as a man...
Page 736 - ... a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.
Page 952 - It is one thing to inquire whether the rates which have been charged and collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe rates which shall be charged in the future — that is a legislative act.
Page 181 - The taking by a State of the private property of one person or corporation, without the owner's consent, for the private use of another, is not due process of law, and is a violation of the fourteenth article of amendment of the Constitution of the United States.