The Southeastern Reporter, Volume 46West Publishing Company, 1904 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 9
... fact , so that justice may be administered between the parties liti- gant with regularity and certainty . " The cause of action stated in Simpson v . Lumber Co. , supra , was the negligent conduct of the defendant in the discharge of ...
... fact , so that justice may be administered between the parties liti- gant with regularity and certainty . " The cause of action stated in Simpson v . Lumber Co. , supra , was the negligent conduct of the defendant in the discharge of ...
Page 11
... fact and those which point to conclusions of law . His honor states that a large number of the Exceptions are pointed to items based upon .he contention that the executor was not au- It thorized to cultivate the farms . His honor ...
... fact and those which point to conclusions of law . His honor states that a large number of the Exceptions are pointed to items based upon .he contention that the executor was not au- It thorized to cultivate the farms . His honor ...
Page 14
... fact that a person who is not a passenger has gone upon its train for the purpose of rendering assistance to one of its passengers . If a person could ever be justified in giving such assistance , we think the plaintiff was in this case ...
... fact that a person who is not a passenger has gone upon its train for the purpose of rendering assistance to one of its passengers . If a person could ever be justified in giving such assistance , we think the plaintiff was in this case ...
Page 17
... fact and in law . The last suit brought by the plaintiff was for the posses- sion of the premises , and was founded , not upon the fact that there had been a default in the payment of the rent , but upon the al- legation that the lease ...
... fact and in law . The last suit brought by the plaintiff was for the posses- sion of the premises , and was founded , not upon the fact that there had been a default in the payment of the rent , but upon the al- legation that the lease ...
Page 21
... fact that a certain number of persons whose names were drawn were not freeholders , and that the re- mainder were , was binding on the appellate court on appeal , and fatal to an exception to quash the venire on the ground that in deter ...
... fact that a certain number of persons whose names were drawn were not freeholders , and that the re- mainder were , was binding on the appellate court on appeal , and fatal to an exception to quash the venire on the ground that in deter ...
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Common terms and phrases
acres adverse possession affirmed agent alleged appeal appellee assignment authority bill bond Bookman brings error cause of action charge circuit court claim coal Code commissioner complaint contract conveyed corporation county court court of equity creditors damages debt decree deed of trust defendant in error defendant's demurrer dismissed dower duty equity estoppel evidence execution fact fendant filed Georgia grant grantor Grat ground held insurance companies interest issue judge judgment jurisdiction jury justice liable lien Lumber ment motion negligence notice Orleans Cross Roads overruled paid parties payment person petition plaintiff in error plea possession prohibition purchase purpose question railroad company reason road rule says Smith sold statute street suit superior court Supreme Court Syllabus thereof tiff timber tion tract of land trial verdict West Virginia Wise county writ writ of prohibition
Popular passages
Page 356 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 240 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 271 - that the use and navigation of the river Ohio, so far as the territory of the proposed state, or the territory which shall remain within the limits of this Commonwealth lies thereon, shall be free and common to the citizens of the United States...
Page 331 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property.
Page 187 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others : First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation, — not simply convenient, but indispensable.
Page 428 - Good friend, for Jesus' sake forbear To dig the dust enclosed here. Blessed be the man that spares these stones And cursed be he that moves my bones.
Page 383 - ... when the legislature has sanctioned and authorized the use of a particular thing, and it is used for the purpose for which it was authorized, and every precaution has been observed to prevent injury, the sanction of the legislature carries with it this consequence, that if damage results from the use of such thing independently of negligence, the party using it is not responsible.
Page 48 - York, on the first day of its next session, a copy of the record in this suit, and for paying all costs that may be awarded by said circuit court, if said court shall hold that this suit was wrongfully or improperly removed thereto.
Page 44 - All of the following elements must be present in order to an estoppel by conduct: (1) There must have been a representation or concealment of material facts; (2) the representation must have been made with knowledge of the facts; (3) the party to whom it was made must have been ignorant of the truth of the matter; (4) it must have been made with the intention that the other party should act upon it; (5) the other party must have been induced to act upon it.
Page 319 - When, therefore, the record states the evidence or makes an averment with reference to a jurisdictional fact, it will be understood to speak the truth on that point, and it will not be presumed that there was other or different evidence respecting the fact, or that the fact was otherwise than as averred.