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 130Abraham Clark Freeman Bancroft-Whitney Company, 1910 - Law reports, digests, etc |
Contents
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Common terms and phrases
action affirmed agreement alleged amount appellant appellee applied attorney authority bank bill carrier cause charge Chicago claim common carrier common law complainants condition constitution contest contract contributory negligence conveyance corporation court of equity creditor damages death deceased decree deed defendant defendant's delivered delivery demurrer depositary dollars duty entitled equity escrow estopped estoppel evidence executed fact filed garnishee grantee grantor heirs held husband incompetent evidence injury interest Iowa judgment jury land Law Rep liability lien ment Minn mortgage N. Y. Supp negligence owner parties passenger payment person plaintiff in error probate promissory note Pullman Company purchaser question quitclaim deed railroad company railway company reason recover revocation rule shipper statute statute of frauds Strauch suit taxes testator testimony tion trust valid wife
Popular passages
Page 720 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 242 - The invalidity of any portion of this Act shall not affect the validity of any other portion thereof which can be given effect without such invalid part.
Page 324 - Court, and be ranked among the acknowledged debts of the estate, to be paid in due course of administration.
Page 669 - For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.
Page 716 - If a bankrupt shall have given a preference, and the person receiving it, or to be benefitted thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 708 - An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law, or by an instrument in writing, subscribed by the party disposing of the same, or by his agent thereunto authorized by writing.
Page 147 - Dues from corporations shall be secured by individual liability of the stockholders to an additional amount equal to the stock owned by each stockholder, and such other means as shall be provided by law ; but such individual liabilities shall not apply to railroad corporations, nor corporations for religious or charitable purposes.
Page 417 - The court must, in every stage of an action, disregard any error or defect, in the pleadings or proceedings, which does not affect the substantial rights of the adverse party; and no judgment can be reversed or affected by reason of such error or defect.
Page 979 - Act and by the rules and regulations to be prescribed by said Secretary of Agriculture; and said Secretary of Agriculture shall, from time to time, make such rules and regulations as are necessary for the efficient execution of the provisions of this Act, and all inspections and examinations made under this Act shall be such and made in such manner as described in the rules and regulations prescribed by said Secretary of Agriculture not inconsistent with the provisions of this Act.
Page 668 - This power is, and must be from its very nature, incapable of any very exact definition or limitation. Upon it depends the security of social order, the life and health of the citizen, the comfort of an existence in a thickly populated community, the enjoyment of private and social life, and the beneficial use of property.