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action affirmed agreed agreement alleged amount Appeal apply authority bank bill building cause charge claim common complainant condition considered construction contract corporation court damages death debt deceased decree deed defendant devise direct duty effect entitled error evidence exception execution fact filed follows further give given granted ground held intention interest issue John judge judgment jury land lease limits matter meaning ment mortgage necessary notice objection opinion paid party passed payment person plaintiff possession present proceedings proof purchase question railroad reason received record recover referred refused relation rule statute street sufficient suit Supreme Court taken testimony tion town trial trustee verdict wife witness
Page 432 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 114 - Coke (vo1. 1, 1040,) is, that 'when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited, either mediately or immediately, to his heirs in fee or in tail, that always in such cases 'the heirs' are words of limitation of the estate and not words of purchase.
Page 64 - But it is also used in a more restricted sense, to express the inability of a party to pay his debts, as they become due in the ordinary course of business.
Page 319 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 397 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several States, of all suits of a civil nature, at common law or in equity, where the matter in dispute exceeds, exclusive of interest and costs, the sum or value of two thousand dollars, and arising under the Constitution or laws of the United States...
Page 321 - ... no action shall be brought upon any agreement that is not to be performed within one year from the making thereof, * * * unless the promise, contract, or agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized.
Page 375 - ... death of the testator, unless a contrary intention shall appear by the will. XXXIII. And be it further enacted, that where any person being a child or other issue of the testator to whom any real or personal estate...
Page 320 - But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 202 - These surrounding circumstances, constituting parts of the res gestae, may always be shown to the jury, along with the principal fact; and their admissibility is determined by the judge, according to the degree of their relation to that fact, and in the exercise of his sound discretion ; it being extremely difficult, if not impossible, to bring this class of cases within the limits of a more particular description.