The Southeastern Reporter, Volume 46West Publishing Company, 1904 - Law reports, digests, etc |
From inside the book
Page 58
to what has gone before , but to what follows the words " all insurance companies of such and consequences as well . ... so long as such new and distinct provisions , which by their laws continue in force , the same obligations express ...
to what has gone before , but to what follows the words " all insurance companies of such and consequences as well . ... so long as such new and distinct provisions , which by their laws continue in force , the same obligations express ...
Page 153
Puisite 320 technical law , as the same result is reached . ... and we re . ble right at testator's death , but , as to that verse the decree made the 6th December , part bequeathed to him subject to the wid 1901 , so far as it directs ...
Puisite 320 technical law , as the same result is reached . ... and we re . ble right at testator's death , but , as to that verse the decree made the 6th December , part bequeathed to him subject to the wid 1901 , so far as it directs ...
Page 161
land , and were deterred from higher bidding purchase money thereof , whether she has by reason of such ... unless he can that it only attaches to the surplus , and that base it on his private belief that the law had it is the duty of a ...
land , and were deterred from higher bidding purchase money thereof , whether she has by reason of such ... unless he can that it only attaches to the surplus , and that base it on his private belief that the law had it is the duty of a ...
Page 537
Norcmber term , when the former motion was leging that she signed the same , at the redismissed . ... Rule 20 has no under the law then in force she could not application , for the order made at the No bind or make herself liable on any ...
Norcmber term , when the former motion was leging that she signed the same , at the redismissed . ... Rule 20 has no under the law then in force she could not application , for the order made at the No bind or make herself liable on any ...
Page 652
There is no general law upon the subject of the powers , duties , and jurisdiction of county commissioners , and , as ... there is a general law of this state making provisions in such cases and fully covering the subject therein stated ...
There is no general law upon the subject of the powers , duties , and jurisdiction of county commissioners , and , as ... there is a general law of this state making provisions in such cases and fully covering the subject therein stated ...
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action affirmed agent alleged allowed amount answer appeal applied assignment authority Bank bill bond cause charge circuit court claim coal Code complaint consideration considered contract conveyed corporation court damages debt decision decree deed defendant directed duty entered equity error evidence exceptions execution fact filed follows further give given grant ground held hold intent interest issue judge judgment jurisdiction jury justice land matter ment motion necessary negligence notice opinion paid parties passed payment person petition plaintiff possession present purchase question railroad reason received record refused road rule says Smith sold statute street sufficient suit Supreme Court sustained taken term thereof tion town tract trial trust verdict Virginia wife witness writ
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.
Bibliographic information
| Title | The Southeastern Reporter, Volume 46 National reporter system: State series |
| Contributor | West Publishing Company |
| Publisher | West Publishing Company, 1904 |
| Original from | the University of California |
| Digitized | 8 Aug 2007 |
| Export Citation | BiBTeX EndNote RefMan |