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 48Abraham Clark Freeman Bancroft-Whitney Company, 1896 - Law reports, digests, etc |
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Results 1-5 of 74
Page 19
... result of passion , they ought not to find the defendant guilty of any offense beyond manslaughter in the first degree " ; 4. " If the jury believe from the evidence that there was a motive which prompted the defendant to kill his wife ...
... result of passion , they ought not to find the defendant guilty of any offense beyond manslaughter in the first degree " ; 4. " If the jury believe from the evidence that there was a motive which prompted the defendant to kill his wife ...
Page 33
... result- was contributed to by the concurring negligence of the plaintiffs . These averments , in short , were ... resulting from the act of God aided by his own negligence , or from the act of a public enemy to which his own fault con ...
... result- was contributed to by the concurring negligence of the plaintiffs . These averments , in short , were ... resulting from the act of God aided by his own negligence , or from the act of a public enemy to which his own fault con ...
Page 35
... result complained of , there being no evidence what- ever on the part of the defendant , upon whom the burden in ... results from the fault of the shipper co - operating with the act of God or the public enemy . It is not essential to ...
... result complained of , there being no evidence what- ever on the part of the defendant , upon whom the burden in ... results from the fault of the shipper co - operating with the act of God or the public enemy . It is not essential to ...
Page 39
... result of said agreement of compromise was that the Prewitts , husband and wife , and their solicitors ceased to give attention to the cause , ceased to look after it , and pre- pared and offered no proof on its final hearing . They ...
... result of said agreement of compromise was that the Prewitts , husband and wife , and their solicitors ceased to give attention to the cause , ceased to look after it , and pre- pared and offered no proof on its final hearing . They ...
Page 41
... result : The delivery to Moore would be a delivery to Prewitt , his client , making it a completely executed conveyance - an operative title from that time . If that be the true doctrine as applied to the facts of this case , the legal ...
... result : The delivery to Moore would be a delivery to Prewitt , his client , making it a completely executed conveyance - an operative title from that time . If that be the true doctrine as applied to the facts of this case , the legal ...
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Common terms and phrases
agent agreement alleged amount appellant appellee applied attorney authority bank bill cause of action charge cited claim common law condition constitution contract contributory negligence corporation court of equity creditors damages debt declaration deed defendant defendant's delivered demurrer dollars duty Elk River eminent domain entitled error estoppel evidence execution exempt extended note fact firm fraud ground guilty held indictment injury instruction intention interest Iowa judgment jurors jury land lease liability lien marriage ment mortgage negligence Osborn Brothers owner paid partner partnership party payment person plaintiff premises principle proof purchase purpose question R. R. Co real estate reasonable doubt received recover rendered residence rule statute stream street suit sustained tenant testator testimony therein thereof tion trial trust verdict void Western Union wife witness
Popular passages
Page 237 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of that of the defendant...
Page 653 - Any county, city, school district or other municipal corporation, incurring any indebtedness as aforesaid, shall, before or at the time of doing so, provide for the collection of...
Page 927 - As men, whose intentions require no concealment, generally employ the words which most directly and aptly express the ideas they intend to convey, the enlightened patriots who framed our constitution, and the people who adopted it, must be understood to have employed words in their natural sense, and to have intended what they have said.
Page 760 - Whitford, all the rest, residue, and remainder of my estate, both real and personal, of what nature or kind soever, to have and to hold the same to him, his heirs, and assigns forever...
Page 375 - Starr, forty-five dollars, for value received with interest at the rate of eight per cent per annum from date, until paid...
Page 800 - it is undoubtedly settled law that 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 729 - The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
Page 688 - In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be, what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted; that is to say, what is it worth from its availability for valuable uses.
Page 740 - Company a proof of loss, signed and sworn to by the insured, stating the knowledge and belief of the insured as to the following: the time and origin of the loss, the interest of the insured and of all others in the property...
Page 439 - ... we do not deem it necessary to enter into a discussion of the question...