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 6Abraham Clark Freeman Bancroft-Whitney Company, 1889 - Law reports, digests, etc |
From inside the book
Results 1-5 of 83
Page 24
... ground of complaint to this ruling , since the answer was in the nature of confession and avoidance . It admits the assign- ment , but alleged it to be fraudulent and void , the burden of proving which was on the shoulders of the party ...
... ground of complaint to this ruling , since the answer was in the nature of confession and avoidance . It admits the assign- ment , but alleged it to be fraudulent and void , the burden of proving which was on the shoulders of the party ...
Page 41
... ground . The power of the court to make and enforce an order for the per- Bonal examination of the injured party must be taken as established in this state , as it is in many others : Schroeder v . Railroad , 47 Iowa , 375 ; White v ...
... ground . The power of the court to make and enforce an order for the per- Bonal examination of the injured party must be taken as established in this state , as it is in many others : Schroeder v . Railroad , 47 Iowa , 375 ; White v ...
Page 53
... ground upon which a court of equity is asked to intervene in his behalf in this case is the assumption that he would not have parted with his money to make the loan and payments if he had known in January that Para- more's judgment lien ...
... ground upon which a court of equity is asked to intervene in his behalf in this case is the assumption that he would not have parted with his money to make the loan and payments if he had known in January that Para- more's judgment lien ...
Page 55
... ground of self - defense de- pends on the motive prompting the act , and the circumstances under which it was done , and not as to whether he voluntarily entered into the difficulty . CREDIBILITY OF WITNESS . — INSTRUCTION that if the ...
... ground of self - defense de- pends on the motive prompting the act , and the circumstances under which it was done , and not as to whether he voluntarily entered into the difficulty . CREDIBILITY OF WITNESS . — INSTRUCTION that if the ...
Page 58
... ground of self - defense , it was without malice . The defendant , through the whole of the trial , is clothed with the presumption of innocence of the of- fense with which he is charged . The state failed to make out its case , if ...
... ground of self - defense , it was without malice . The defendant , through the whole of the trial , is clothed with the presumption of innocence of the of- fense with which he is charged . The state failed to make out its case , if ...
Other editions - View all
Common terms and phrases
action adverse possession agent agreement alleged appear applied assignment authority bill bona fide purchaser bond carrier cause charge chattels child civil death claim common carriers common law confession contract contributory negligence conveyance corporation court court of equity creditors custody damages death debt deceased declared decree deed deed of trust defendant defendant's dollars duty entitled equity error evidence execution facts father fendant fraud heirs held injury instruction interest judgment jurisdiction jury Kinports land liable lien matter ment mortgage negligence officer opinion owner paid parol parties payment person plaintiff plaintiff in error possession premises presumption principle proof purchaser purpose question railroad reason received recover rule says statute statute of frauds suit supra surety Susquehanna Boom sustained tenant testator testimony thereof tion trial trust verdict void Western Union wife witness
Popular passages
Page 743 - A charity, in the legal sense, may be more fully defined as a gift, to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering, or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burden of government. It is immaterial whether...
Page 394 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use,...
Page 588 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission or delivery or non-delivery of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 174 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 787 - 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 337 - It is furthermore hereby provided and mutually agreed, that no suit or action against this company, for the recovery of any claim by virtue of this policy, shall be sustainable in any Court of Law or Chancery until after an award shall have been obtained fixing the amount of such claim in the manner above provided...
Page 405 - No will in writing, except in the cases hereinafter mentioned,, nor any part thereof, shall be revoked, or altered, otherwise than by some other will in writing, or some other writing of the testator, declaring such revocation or alteration, and executed with the same formalities with which the will itself was required by law to be executed...
Page 588 - And this company is hereby made the agent of the sender, without liability, to forward any message over the lines of any other company when necessary to reach its destination.
Page 679 - The father of the minor, and in case of his decease, the mother, being respectively competent to transact their own business, and otherwise suitable, shall be entitled to the custody of the person of the minor and to the care of his education...
Page 752 - No person shall, for the same offense, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.