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 67Abraham Clark Freeman Bancroft-Whitney Company, 1899 - Law reports, digests, etc |
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Results 1-5 of 100
Page 17
... defend- ant was as follows : " If the jury believe the evidence in this case , they must find the defendant not guilty . " The second AM . ST . REP . , VOL . LXVII . - 2 ( 17 ) charge requested by him is in the opinion . Each.
... defend- ant was as follows : " If the jury believe the evidence in this case , they must find the defendant not guilty . " The second AM . ST . REP . , VOL . LXVII . - 2 ( 17 ) charge requested by him is in the opinion . Each.
Page 18
... follows : " After considering all the evidence in this case , unless you can say that you have a fixed conviction of the truth of the charge , you are not satisfied be- yond a reasonable doubt , and should not convict the defendant ...
... follows : " After considering all the evidence in this case , unless you can say that you have a fixed conviction of the truth of the charge , you are not satisfied be- yond a reasonable doubt , and should not convict the defendant ...
Page 35
... follows : " This action is brought upon a penal statute , the object of which is to punish the wrongdoer , as well as to recompense the injured individual . To subject any- one , therefore , to the penalty of the act , it must be shown ...
... follows : " This action is brought upon a penal statute , the object of which is to punish the wrongdoer , as well as to recompense the injured individual . To subject any- one , therefore , to the penalty of the act , it must be shown ...
Page 41
... follows that , if a member of a partnership , which firm acts as agents for the owner of demised property , commits a trespass in expelling the tenant and removing his goods from the premises , the other partner , who took no part in ...
... follows that , if a member of a partnership , which firm acts as agents for the owner of demised property , commits a trespass in expelling the tenant and removing his goods from the premises , the other partner , who took no part in ...
Page 71
... follows : ' A receiver derives his authority from the act of the court appointing him , and not from the act of the par- ties at whose suggestion he is appointed ; and the utmost effect of his appointment is to put the property from ...
... follows : ' A receiver derives his authority from the act of the court appointing him , and not from the act of the par- ties at whose suggestion he is appointed ; and the utmost effect of his appointment is to put the property from ...
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Common terms and phrases
action adverse possession affidavit ALABAMA alleged appellant appellee applied arrest attachment authority averment Bank bill bond cause charge claim common carrier common law complaint contract corporation court court of equity creditors damages debt debtor decree deed defendant defendant's demurrer dollars Dresden Milling duty entitled equity error evidence execution explosion fact false imprisonment firm Fort Payne fraud grant ground gunpowder held indorser injunction injury intention Iowa issued judgment judgment debtor jurisdiction jury justice land levy liable lien matter mechanic's lien ment monographic note mortgage negligence nuisance officer owner parties partner partnership payment person plaintiff plaintiff in error plea possession prosecution purchase purpose question railroad reason receiver recover rule statute street suit sureties testator thereof tion trespass trust void witness writ
Popular passages
Page 892 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 636 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
Page 465 - Provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food...
Page 883 - Such judgment or adjudication is final and conclusive, not only as to the matter actually determined, but as to every other matter which the parties might have litigated and have had decided, as incident to or essentially connected with the subject-matter of the litigation, and every matter coming within the legitimate purview of the original action, both in respect to matters of claim and of defence
Page 78 - ... 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 ; but such suit shall be subject to the general equity jurisdiction of the court in which such receiver or manager was appointed, so far as the same shall be necessary to the ends of justice.
Page 465 - If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it. (4) If it is an imitation of, or is sold under the name of, another article. (5) If it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce...
Page 85 - ... of which the mortgagee is to be paid is the net income obtained by deducting from the gross earnings what is required for necessary operating and managing expenses, proper equipment and useful improvements. Every railroad mortgagee in accepting his security impliedly agrees that the current debts made in the ordinary course of business shall be paid from the current receipts before he has any claim upon the income.
Page 552 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...
Page 832 - ... no officer, agent, or other representative of the company shall have power to waive any provision or condition of this policy...
Page 727 - The supreme court shall also have power to issue writs of mandamus, review, prohibition, habeas corpus, certiorari, and all other writs necessary and proper to the complete exercise of its appellate and revisory jurisdiction.