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action affirmed agreed agreement alleged allowed amount answer appeal applied argument assignment association authority Bank brief building cause charge circuit court claim common complaint condition consideration constitute construction contract corporation counsel damages decision defendant determine directed duty effect entered entitled equity error evidence execution existence fact favor filed findings flow further given grant ground held hold injury interest issue Judge judgment jurisdiction jury Lake land limited lumber matter meaning ment Milwaukee mortgage natural navigable necessary operated opinion oral paid parties payment person plaintiff presented purchase question railroad reason received remedy respect respondent river rule statute stream sufficient Superior taken testimony thereof tion trial court
Page 100 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory, as to the citizens of the United States, and those of any other states that may be admitted into the confederacy, without any tax, impost, or duty therefor.
Page 456 - Root and the other defendants therein appeared and demurred to the complaint on the ground that the same did not state facts sufficient to constitute a cause of action...
Page 618 - ... or which violates the manifest intention of the parties to the agreement, equity will correct the mistake so as to produce a conformity of the instrument to the agreement.
Page 99 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact...
Page 619 - If, on the other hand, after making an agreement, in the process of reducing it to a written form the instrument, by means of a mistake of law, fails to express the contract which the parties actually entered into, equity will interfere with the appropriate relief, either by way of defense to its enforcement, or by cancellation, or by reformation, to the same extent as if the failure of the writing to express the real contract was caused by a mistake of fact.
Page 289 - By an act imminently dangerous to others, and evincing a depraved mind, regardless of human life...
Page 99 - It had the influence for two generations of excluding the admiralty jurisdiction from our great rivers and inland seas; and under the like influence it laid the foundation in many States of doctrines, with regard to the ownership of the soil in navigable waters above tide water, at variance with sound principles of public policy.
Page 390 - When the terms of sale are agreed on, and the bargain Is struck and everything the seller has to do with the goods Is complete, the contract of sale becomes absolute as between the parties without actual payment or delivery ; and the property and the risk of accident to the goods vests In the buyer.