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 73Abraham Clark Freeman Bancroft-Whitney Company, 1900 - Law reports, digests, etc |
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Results 1-5 of 100
Page 40
... considered as money on band is based upon the supposed ability of the adminis- trator to pay , and will not be allowed to work injustice against an insolvent administrator , by placing him in such a position that he might be charged ...
... considered as money on band is based upon the supposed ability of the adminis- trator to pay , and will not be allowed to work injustice against an insolvent administrator , by placing him in such a position that he might be charged ...
Page 42
... considered the debt from an insolvent adminis- trator or executor to the estate money in hand , for all purposes . When an application is made to sell property to pay debts , it is no reply to say that the administrator has sufficient ...
... considered the debt from an insolvent adminis- trator or executor to the estate money in hand , for all purposes . When an application is made to sell property to pay debts , it is no reply to say that the administrator has sufficient ...
Page 60
... considered or decided . But we think the pre- cise question here involved was decided in Brenham v . Story , 39 Cal . 179 , adversely to respondent's contention , and must rule this case . The principle there laid down , that upon the ...
... considered or decided . But we think the pre- cise question here involved was decided in Brenham v . Story , 39 Cal . 179 , adversely to respondent's contention , and must rule this case . The principle there laid down , that upon the ...
Page 63
... considered as dead . " Abbott de- fines civil death to be : " The legal privation or extinction of a person's rights and capacities among his fellow members of so- ciety . " In Estate of Nerac , 35 Cal . 392 , 95 Am . Dec. 111 , the ...
... considered as dead . " Abbott de- fines civil death to be : " The legal privation or extinction of a person's rights and capacities among his fellow members of so- ciety . " In Estate of Nerac , 35 Cal . 392 , 95 Am . Dec. 111 , the ...
Page 92
... considered authority in a case like the present , where the debts due the execution creditor , who has levied upon the re- plevined goods , were contracted prior to the alleged fraudulent sale . " Subsequently , the chief justice adds ...
... considered authority in a case like the present , where the debts due the execution creditor , who has levied upon the re- plevined goods , were contracted prior to the alleged fraudulent sale . " Subsequently , the chief justice adds ...
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Common terms and phrases
action adverse possession alleged amount appellant applied assessment attorney authority Bank bill cause cause of action charge claim Clay county Code constitution contract conveyance corporation court court of equity creditors damages death debt debtor deceased declared decree deed defendant defendant's dividends dollars entitled equity error evidence execution executor fact fraud fraudulent gift held homestead husband indictment injury intent interest issued judge judgment judgment debtor jurisdiction jury land levied liability lien marriage ment mortgage N. J. Eq negligence oleomargarine owner paid parties payment person plaintiff plaintiff in error possession preferred stock premises provisions purchase purpose question R. R. Co reason recover rendered replevin rule rule against perpetuities stare decisis statute stockholders suit testator testimony thereof tion trial trust valid verdict vested void wife witness writ
Popular passages
Page 215 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 746 - No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.
Page 753 - Insurance is a contract whereby one undertakes to indemnify another against loss, damage, or liability, arising from an unknown or contingent event. ARTICLE II. What may be Insured. SEC. 2531. Any contingent or unknown event...
Page 506 - ... to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor...
Page 752 - A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: 1. Death; 2. Imprisonment; 3. Fine: 4. Removal from office; or, 5. Disqualification to hold and enjoy any office of honor, trust, or profit in this state.
Page 760 - The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such ; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this chapter do not apply to such an adoption.
Page 631 - Where the means of knowledge are at hand and equally available to both parties, and the subject of purchase is alike open to their inspection, if the purchaser does not avail himself of these means and opportunities, he will not be heard to say that he has been deceived by the vendor's misrepresentations.
Page 204 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 702 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.
Page 201 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.