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 5Abraham Clark Freeman Bancroft-Whitney Company, 1889 - Law reports, digests, etc |
From inside the book
Results 1-5 of 82
Page 45
... DAMAGES in an action by a corporation for a malicious and oppressive trespass committed upon its property , yet when ... DAMAGES . EXEMPLARY DAMAGES , WHEN ALLOWED , SHOULD BE PROPOR- TIONED to the actual damages sustained ; and ten ...
... DAMAGES in an action by a corporation for a malicious and oppressive trespass committed upon its property , yet when ... DAMAGES . EXEMPLARY DAMAGES , WHEN ALLOWED , SHOULD BE PROPOR- TIONED to the actual damages sustained ; and ten ...
Page 46
... damages . The plaintiff sued as a corporation ; and appellee contends that a corporation can , in an action of this sort , recover only actual damages . In their written argument in support of this posi- tion , counsel frankly admit ...
... damages . The plaintiff sued as a corporation ; and appellee contends that a corporation can , in an action of this sort , recover only actual damages . In their written argument in support of this posi- tion , counsel frankly admit ...
Page 47
... damages . It is difficult to lay down any rule by which to test the question of excess in a verdict for vindictive damage . They are very largely in the discretion of the jury . But it is said , in the case of the Railroad Co. v ...
... damages . It is difficult to lay down any rule by which to test the question of excess in a verdict for vindictive damage . They are very largely in the discretion of the jury . But it is said , in the case of the Railroad Co. v ...
Page 48
... damages , when allowed , should be in proportion to the actual damages sustained . " This language was quoted with approbation , and the rule acted upon , in the case of Willis and Brother v . McNeill , 54 Tex . 465. In both the cases ...
... damages , when allowed , should be in proportion to the actual damages sustained . " This language was quoted with approbation , and the rule acted upon , in the case of Willis and Brother v . McNeill , 54 Tex . 465. In both the cases ...
Page 54
... damages , actual and exemplary , on account of the sale of this property , which is alleged to have been ex- empted from forced sale . The petition alleges that the property was exempt from forced sale , and charges that the appellants ...
... damages , actual and exemplary , on account of the sale of this property , which is alleged to have been ex- empted from forced sale . The petition alleges that the property was exempt from forced sale , and charges that the appellants ...
Other editions - View all
Common terms and phrases
action adverse possession affirmed agent alleged appellant appellee applied authority averred bill bond carrier cars cause charge cited claim common carrier complainant contract contributory negligence conveyance conveyed corporation counsel court of equity creditors damages debt deceased declared decree deed defendant defendant's demurrer dollars duty entitled equity error estopped estoppel evidence execution fact filed fraud fraudulent granted held homestead injury instruction Iowa issue judgment jurisdiction jury land lease liability lien matter ment mortgage municipal corporation negligence notice opinion ordinance owner paid party passenger payment person plaintiff plaintiff in error possession principle purchaser purpose question R. R. Co R'y Co railroad company reason recover rule servant sold statute sufficient suit supra sustained testator testimony thereof ticket tion train trial trust valid verdict void witness writ of assistance
Popular passages
Page 312 - That every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed...
Page 155 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 547 - Moines; thence, down, and along the middle of the main channel of the said river Des Moines, to the mouth of the same, where it empties into the Mississippi river; thence, due east, to the middle of the main channel of the Mississippi river; thence, down, and following the course of the Mississippi river, in the middle of the main channel thereof, to the place of beginning.
Page 422 - The Legislature shall have no power to impose taxes upon counties, cities, towns, or other public or municipal corporations, or upon the inhabitants or property thereof, for county, city, town, or other municipal purposes, but may, by general laws, vest in the corporate authorities thereof the power to assess and collect taxes for such purposes.
Page 799 - All persons having an Interest In the subject of the action and In obtaining the relief demanded...
Page 794 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 459 - Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening or accident upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint.
Page 444 - The court may likewise, in its discretion, after notice to the adverse party, allow upon such terms as may be just an amendment to any pleading or proceeding in other particulars...
Page 120 - ... by the law of the testator's domicile at the time of his death.
Page 886 - Code provides that a conviction cannot be had upon the testimony of an accomplice unless it be corroborated by such other evidence as shall tend to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense or the circumstances thereof...