The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 36Bancroft-Whitney, 1881 - Law reports, digests, etc |
Contents
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Common terms and phrases
accused action affirmed agent alleged appellant appellant's appellee assignment attorney authority bigamy bill cause charge cited claim common law complained Conn contract convicted corporation counsel court of equity creditors criminal damages debt decision declaration defendant defendant's demurrer deposit doctrine duty dying declarations easement entitled evidence execution executor facts felony fraud grand jurors grant ground guilty held indictment indorsed injury insanity instruction Iowa John Dick judge jury justice land larceny legislature liable lien Logansport marriage ment mortgage National Bank necessary negligence opinion ordinance overruled owner pari delicto party payment Penn person plaintiff had judgment plaintiff in error promise promissory note prosecution purpose question reason received recover reversed rule Smith statute statute of frauds street suit sustained Syracuse National testator thereof tion town trial verdict Wend wife
Popular passages
Page 792 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes, until the contrary be proved to their satisfaction; and that to establish a defence on the ground of insanity, it must be clearly proved that, at the time of...
Page 437 - When the verdict has been decided by lot, or by any means other than a fair expression of opinion on the part of all the jurors; 5.
Page 682 - Is held liable to third persons in a civil suit for the frauds, deceits, concealments, misrepresentations, negligences, and other malfeasances, misfeasances, and omissions of duty of his agent, In the course of his employment, although the principal did not authorize or justify or participate In, or Indeed know of, such misconduct, or even if he forbade the acts or disapproved of them.
Page 383 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 379 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 768 - The Treasurer may be suspended from office by the Governor, during the recess of the Legislature, and until thirty days after the commencement of the next session of the Legislature, whenever it shall appear to him that such Treasurer has, in any particular, violated his duty.
Page 848 - Any married female may take by inheritance, or by gift, grant, devise or bequest from any person other than her husband, and hold to her sole and separate use, and convey and devise real and personal property, and any interest or estate therein, and the rents, issues and profits thereof, in the same manner and with like effect as if she were unmarried, and the same shall not be subject to the disposal of her husband nor be liable for his debts.
Page 577 - States shall be deemed to be the "master" thereof; and every person (apprentices excepted) who shall be employed or engaged to serve in any capacity on board the same shall be deemed and taken to be a "seaman...
Page 579 - ... all such incidental powers as shall be necessary to carry on the business of banking, by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt, by receiving deposits, by buying and selling exchange, coin and bullion; by loaning money on personal security; by obtaining, issuing, and circulating notes according to the provisions of this act...
Page 406 - I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.