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 31Abraham Clark Freeman Bancroft-Whitney Company, 1893 - Law reports, digests, etc |
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Results 1-5 of 71
Page 25
... construction of instruments alike in many re- spects to the one before us was passed upon and considered in the case of Hutchins v . Carleton , 19 N. H. 510. In the opinion the court say : " As to the words necessary to be used . in a ...
... construction of instruments alike in many re- spects to the one before us was passed upon and considered in the case of Hutchins v . Carleton , 19 N. H. 510. In the opinion the court say : " As to the words necessary to be used . in a ...
Page 26
... construction must be upon the view and comparison of the whole instrument , and with a view to give every part of it ... construction are not favored , and are not to be so applied as to defeat the intention of the parties , for such ...
... construction must be upon the view and comparison of the whole instrument , and with a view to give every part of it ... construction are not favored , and are not to be so applied as to defeat the intention of the parties , for such ...
Page 27
... construction or forms of expression used . The cardinal rule of construction is to ascertain and give effect to the intention of the par . ties to the instrument ; and to this end the court must consider all parts of it , and the ...
... construction or forms of expression used . The cardinal rule of construction is to ascertain and give effect to the intention of the par . ties to the instrument ; and to this end the court must consider all parts of it , and the ...
Page 29
... CONSTRUCTION OF STATUTE . — While the language of the Texas statute prescribing the requisites to a will is affirmative , it as fully de nies testamentary effect to parol declarations as it would if it expressly declared that no ...
... CONSTRUCTION OF STATUTE . — While the language of the Texas statute prescribing the requisites to a will is affirmative , it as fully de nies testamentary effect to parol declarations as it would if it expressly declared that no ...
Page 39
... CONSTRUCTION . An absolute conveyance of a right of way from a land - owner and his wife to a railway company , re- citing that it is given for and in consideration of the enhanced value to be given and contemplated to arise to the ...
... CONSTRUCTION . An absolute conveyance of a right of way from a land - owner and his wife to a railway company , re- citing that it is given for and in consideration of the enhanced value to be given and contemplated to arise to the ...
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Common terms and phrases
action affirmed alleged appellant appellee applied authority Bank bond cause cause of action charge cited claim complainant consideration constitution construction contract contributory negligence conveyance conveyed corporation court court of equity creditors damages debt declared decree deed defendant defendant's demurrer duty enforce entitled equity evidence execution exercise fact fraud grant Heidenheimer held holder husband indorser injury intended interest Iowa issue judge judgment jurisdiction jury land legislature liability lien mandamus matter mechanic's lien ment Minn mortgage N. J. Eq negligence notice opinion owner parties payment performance person plaintiff plaintiff in error possession purchaser purpose question R. R. Co reason received recover res judicata respondent rule servant statute statute of frauds street Strob sufficient suit sustained testator thereof tion trust undue influence void wife
Popular passages
Page 215 - Any county, city, town, or township may make and enforce within its limits all such local, police, sanitary, and other regulations as are not in conflict with general laws.
Page 633 - It is too firmly established in the present day to be questioned that the capital stock of a corporation is a trust fund for the payment of its debts.
Page 581 - No law shall embrace more than one object, which shall be expressed in its title...
Page 363 - In respect of any act or transaction of his in carrying on the business connected with such property...
Page 430 - Water and oil, and still more strongly gas, may be classed by themselves, if the analogy be not too fanciful, as minerals ferae naturae. In common with animals, and unlike other minerals, they have the power and the tendency to escape without the volition of the owner. Their 'fugitive and wandering existence within the limits of a particular tract is uncertain,' as said by Chief Justice Agnew in Brown v.
Page 637 - Every share in any company shall be deemed and taken to have been issued, and to be held, subject to the payment of the whole amount thereof in cash...
Page 501 - All persons having an interest in the subject of the action, and in obtaining the relief demanded, may be joined as plaintiffs, except as otherwise provided in this article.
Page 91 - No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed ; and no conviction shall work corruption of blood or forfeiture of estate.
Page 301 - ... in a county jail for a term not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.
Page 436 - Beyond doubt those words are words of very 'comprehensive meaning, but it will be sufficient to say that the clause plainly and unmistakably secures and protects the right of a citizen of one State to pass into any other State of the Union for the purpose of engaging in lawful commerce, trade or business without molestation ; to acquire personal property, to take and hold real estate, to maintain actions in the courts of the State, and to be exempt from any higher taxes or excises than are imposed...