Albany Law Journal, Volume 33Weed, Parsons & Company, 1886 - Law |
From inside the book
Results 1-5 of 81
Page 525
... Recovering back excessive freights paid without ob- jecting .. 3 See Auditor's Certificate , 253 ASSIGNMENT FOR BENEFIT ... recover excess .. CERTIORARI . To review assessment ; appeal to be taken within sixty days ; indorsement ; Rule 2 ...
... Recovering back excessive freights paid without ob- jecting .. 3 See Auditor's Certificate , 253 ASSIGNMENT FOR BENEFIT ... recover excess .. CERTIORARI . To review assessment ; appeal to be taken within sixty days ; indorsement ; Rule 2 ...
Page 527
... recover penalty ; proof beyond a reasonable doubt .... 175 Notice of cancellation to agent ; custom ; proof of loss ; waiver 15 Public records ; sworn copies . 56 Accident ; driving for sport . , 162 Practice ; direct answer 392 Reading ...
... recover penalty ; proof beyond a reasonable doubt .... 175 Notice of cancellation to agent ; custom ; proof of loss ; waiver 15 Public records ; sworn copies . 56 Accident ; driving for sport . , 162 Practice ; direct answer 392 Reading ...
Page 528
... recover assessment paid . 238 354 Extension over railroad tracks . 396 MASTER AND SERVANT . Damages ; proxi- mate and remote cause ; sounding whistle ... 215 Permitting steam railway in street ; liability to adja- cent lot owners 354 ...
... recover assessment paid . 238 354 Extension over railroad tracks . 396 MASTER AND SERVANT . Damages ; proxi- mate and remote cause ; sounding whistle ... 215 Permitting steam railway in street ; liability to adja- cent lot owners 354 ...
Page 3
... recover the excess . The court said : " The evidence is uncontroverted that from 1866 to August , 1879 , a period of 13 years , there were al- most daily shipments by Slawson Bros. over the defendant's road ; and not only was there no ...
... recover the excess . The court said : " The evidence is uncontroverted that from 1866 to August , 1879 , a period of 13 years , there were al- most daily shipments by Slawson Bros. over the defendant's road ; and not only was there no ...
Page 16
... recover timber , lumber , coal or other property severed from realty , the plaintiff shall be entitled to recover , not- withstanding the fact that the title to the land from which said property was severed may be in dispute ; provided ...
... recover timber , lumber , coal or other property severed from realty , the plaintiff shall be entitled to recover , not- withstanding the fact that the title to the land from which said property was severed may be in dispute ; provided ...
Contents
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333 | |
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Common terms and phrases
action agent Albany alleged authority Aylesford Bank Bar Association bill bill of lading breach cause cause of action charge cited claim Code common law Constitution contract corporation counsel Court of Appeals court of equity creditor damages DAVID DUDLEY FIELD debt deceased Decided Jan decision declared deed defendant defendant's doctrine duty entitled error evidence execution executors fact fendant fraud held husband injury intention interest judges judgment judicial jurisdiction jury Justice land Law Journal lawyers Legislature liable libel mandamus marriage matter ment mortgage negligence Opinion owner party payment person plaintiff plaintiff in error possession premises principle proceedings purpose question reason received recover remedy replevin respondent rule servant statute statute of frauds statute of limitations Supreme Court testator thereof tion transaction trial trust wife words York
Popular passages
Page 7 - Sixty days after sight of this first of exchange (second and third unpaid) pay to the order of ourselves, in London, eight hundred and fifty pounds sterling, value received, and charge to account of HUMPHREY BELL & Co. To Mr. WD Turner, Jr., Liverpool.
Page 333 - That the power to tax involves the power to destroy ; that the power to destroy may defeat and render useless the power to create ; that there is a plain repugnance in conferring on one government a power to control the constitutional measures of another, which other, with respect to those very measures, is declared to be supreme over that which exerts the control, are propositions not to be denied.
Page 151 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 333 - The result is a conviction that the states have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government.
Page 157 - We hold the true rule to. he that whatever the passenger takes with him for his personal use or convenience, according to the habits or wants of the particular class to which he belongs, either with reference to the immediate necessities or to the ultimate purpose of the journey, must be considered as personal baggage.
Page 225 - It would be a very curious and unsatisfactory result If, In construing a provision of constitutional law always understood to have been adopted for protection and security to the rights of the individual as against the government, and which has received the commendation of jurists, statesmen, and commentators, as placing the just principles of the common law on that subject beyond the power of ordinary legislation to change or control them...
Page 312 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 78 - 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 for nondelivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 16 - All manufactures of silk, or of which silk is the component material of chief value...
Page 62 - Wednesday. Doth he feel it? no. Doth he hear it? no. 'Tis insensible, then? Yea, to the dead. But will it not live with the living? no. Why? detraction will not suffer it. Therefore I'll none of • it. Honour is a mere scutcheon : and so ends my catechism.