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 43Bancroft-Whitney Company, 1895 - Law reports, digests, etc |
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Results 1-5 of 83
Page 101
... proceeding to sell the premises , when the plaintiff instituted the present action to enjoin him from making such sale . The case was tried by the court , and judgment rendered in favor of the plaintiff as prayed for . A motion for a ...
... proceeding to sell the premises , when the plaintiff instituted the present action to enjoin him from making such sale . The case was tried by the court , and judgment rendered in favor of the plaintiff as prayed for . A motion for a ...
Page 103
... proceedings did not estop the plaintiff herein from asserting that the mortgaged prem- ises are situated in Shasta county . That judgment ... proceeding should have been dismissed : Fritts v . Camp , 94 Cal Oct. 1894. ] 103 ROGERS v . CADY .
... proceedings did not estop the plaintiff herein from asserting that the mortgaged prem- ises are situated in Shasta county . That judgment ... proceeding should have been dismissed : Fritts v . Camp , 94 Cal Oct. 1894. ] 103 ROGERS v . CADY .
Page 104
... proceedings , and as that court never had any jurisdiction to entertain the action , its determination upon any question arising in this proceeding cannot have any authority . There are certain cases in which the jurisdiction of a court ...
... proceedings , and as that court never had any jurisdiction to entertain the action , its determination upon any question arising in this proceeding cannot have any authority . There are certain cases in which the jurisdiction of a court ...
Page 111
... proceeding , and was concluded thereby , the plaintiff having had notice of that proceeding , and not being prevented by fraud from appearing therein and con- testing it . JUDGMENT EQUITY WILL SET ASIDE OR ANNUL FOR FRAUD , WHEN . - It ...
... proceeding , and was concluded thereby , the plaintiff having had notice of that proceeding , and not being prevented by fraud from appearing therein and con- testing it . JUDGMENT EQUITY WILL SET ASIDE OR ANNUL FOR FRAUD , WHEN . - It ...
Page 112
... proceeding , the judgment in that proceeding is conclusive as to the mother in an action by her to annul the order . Gesford & Thompson , for the appellant . A. J. Hull , for the respondent . 357 DE HAVEN , J. The defendant is the widow ...
... proceeding , the judgment in that proceeding is conclusive as to the mother in an action by her to annul the order . Gesford & Thompson , for the appellant . A. J. Hull , for the respondent . 357 DE HAVEN , J. The defendant is the widow ...
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Common terms and phrases
adverse possession agreement alimony alleged amount appellant appellee applied assets assignment attorney authority bank benefit bill bond by-law cause of action charged Charles Shultz claim complaint constitute contract corporation court court of equity creditors damages debt deceased decree deed defendant demurrer divorce duty entitled equity estoppel evidence execution extended note fact filed foreclosure fraud grant ground held homestead husband indorser injury insolvent interest Iowa judgment jurisdiction jury land liability lien lis pendens mechanic's lien ment mortgage N. J. Eq negligence notice owner paid parties partner partnership payment person plaintiff possession premises proceeding purchase question railroad reason recover reference rendered rule Spilinek statute statute of limitations street suit sureties testator therein thereof tion trial trust valid void wife Winter Park Company
Popular passages
Page 679 - THAT all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity ; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 819 - States, do hereby constitute and appoint . my true and lawful attorney, for me, and in my name...
Page 32 - ... the jury may give such damages as they shall deem a fair and just compensation with reference to the pecuniary injuries resulting from such death, to the wife and next of kin of such deceased person...
Page 407 - ... who shall have been a resident of the State one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, shall be entitled to vote at all elections...
Page 674 - In all other cases where a general law can be made applicable, no special law shall be enacted.
Page 609 - ... a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 190 - Curnon, one mortal wound, of the breadth of one inch, and of the depth of three inches, of which said mortal wound he, the said Harmon Curnon, at the ward, city, and county aforesaid, then and there instantly died.
Page 856 - There was a verdict and judgment in favor of the plaintiff for $9,000.
Page 77 - Probable cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty.
Page 130 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.