Lawyers' Reports Annotated, Book 40Lawyers' Co-operative Publishing Company, 1898 - Law reports, digests, etc |
From inside the book
Results 1-5 of 89
Page 54
... trial court held that the New York statute did not change the rule at common Jaw , and that no action would lie , but the judgment was reversed . The statutes referred to by the trial court are as follows : 3 N. Y. Rev. Stat . 5th ed ...
... trial court held that the New York statute did not change the rule at common Jaw , and that no action would lie , but the judgment was reversed . The statutes referred to by the trial court are as follows : 3 N. Y. Rev. Stat . 5th ed ...
Page 78
... trial court . ( McFarland , J. , dissents . ) ( October 22 , 1897. ) APPEAL by defendant from a judgment of the Superior Court for Placer County in favor of plaintiff in an action brought to re- cover damages for alleged breach of a ...
... trial court . ( McFarland , J. , dissents . ) ( October 22 , 1897. ) APPEAL by defendant from a judgment of the Superior Court for Placer County in favor of plaintiff in an action brought to re- cover damages for alleged breach of a ...
Page 83
... trial court that the way used from 1885 to 1896 was substantially the same as that used from 1845 to 1885 is an inference from facts which do not warrant it . The law can- not regard a way joining a highway through a certain gate as ...
... trial court that the way used from 1885 to 1896 was substantially the same as that used from 1845 to 1885 is an inference from facts which do not warrant it . The law can- not regard a way joining a highway through a certain gate as ...
Page 84
... trial of an action for damages against a railroad company for personal injuries , the evidence as to the company's alleged negligence was conflicting , it was legitimate for the plaintiff's counsel to argue to the jury that the failure ...
... trial of an action for damages against a railroad company for personal injuries , the evidence as to the company's alleged negligence was conflicting , it was legitimate for the plaintiff's counsel to argue to the jury that the failure ...
Page 86
... trial court with respect to the failure of of a party may authorize the jury to make the defendant company to introduce its fireman inferences unfavorable to such party . The as a witness . The plaintiffs evidently relied Chief Justice ...
... trial court with respect to the failure of of a party may authorize the jury to make the defendant company to introduce its fireman inferences unfavorable to such party . The as a witness . The plaintiffs evidently relied Chief Justice ...
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Common terms and phrases
adminis administrator de bonis alleged appellant appellee assets Asso authority Bank barway bill bond bonis non cause chap charge choses in action claim Code Constitution contract contributory negligence corporation County court of equity creditors damages death debt deceased decree deed deed of trust defendant defendant's duty entitled evidence executor or administrator fact heirs held hypnotism injury intestate intoxication Iowa judgment jury land lease legislature liable maintain an action marriage Mass ment ministrator Minn mortgage negligence Ohio St opinion owner P. R. Co party payment person plaintiff plaintiff in error predecessor probate court purchase purpose question real estate reason recover rule Smedes Smith Stat statute street suit syndicate Teleg testator thereof tion trator trial trust unadministered void
Popular passages
Page 304 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Page 159 - 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 declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 198 - First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.
Page 355 - This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership, or if the subject of insurance be a building on ground not owned by the insured in fee simple.
Page 181 - In solving doubts, the maxim sic utere tuo ut alienum non laedas [use your own property in such a manner as not to injure that of another...
Page 282 - Treasury; and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining in this State a system of free public schools and for no other uses or purposes whatsoever.
Page 350 - A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants.
Page 108 - Offenses, other than murder or treason, shall be bailable by sufficient sureties. Murder or treason shall not be bailable, when the proof is evident, or the presumption strong. SEC. 18. The penal code shall be founded on the principles of reformation, and not of vindictive justice.
Page 198 - Provided, that the provisions of this Act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if...
Page 353 - For a public offense committed or attempted in his presence. "2. When a person arrested has committed a felony, although not in his pretence. "3. When a felony has in fact been committed, and he has reasonable cause for believing the person arrested to have committed it.