The Southeastern Reporter, Volume 46West Publishing Company, 1904 - Law reports, digests, etc |
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Results 1-5 of 100
Page 22
... Judge . J. B. Register and another were convict- ed of murder in the first degree , and they ap- peal . Affirmed . John D. Bellamy , C. M. Bernard , and Don- ald McRacken , for appellants . Lewis & Schulken and the Attorney General ...
... Judge . J. B. Register and another were convict- ed of murder in the first degree , and they ap- peal . Affirmed . John D. Bellamy , C. M. Bernard , and Don- ald McRacken , for appellants . Lewis & Schulken and the Attorney General ...
Page 48
... judge in hold- ing : ' If it has been removed to the United States court , and Judge Simonton sent it back , it is properly before this court , and I overrule the motion . ' The error consisting in his honor being controlled by the ...
... judge in hold- ing : ' If it has been removed to the United States court , and Judge Simonton sent it back , it is properly before this court , and I overrule the motion . ' The error consisting in his honor being controlled by the ...
Page 49
... judge in refus- ing the defendant's third request to charge , which contained a correct proposition of law applicable to the case , as follows : " To consti- tute a joint and concurrent tort on the part of employer and employé , it must ...
... judge in refus- ing the defendant's third request to charge , which contained a correct proposition of law applicable to the case , as follows : " To consti- tute a joint and concurrent tort on the part of employer and employé , it must ...
Page 76
... judge di- recting findings by the jury on the exceptions of fact , those rulings which seem to us to be erroneous are confined to three of these grounds only . The other rulings are free from error , as under the present condition of ...
... judge di- recting findings by the jury on the exceptions of fact , those rulings which seem to us to be erroneous are confined to three of these grounds only . The other rulings are free from error , as under the present condition of ...
Page 99
... judge failed to so restrict certain evidence that it should affect J. M. Smedley only , ruling it out as to the other defendants ; but , under the note of the court to the motion , it is clear that the evidence was so restricted , and ...
... judge failed to so restrict certain evidence that it should affect J. M. Smedley only , ruling it out as to the other defendants ; but , under the note of the court to the motion , it is clear that the evidence was so restricted , and ...
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Common terms and phrases
acres adverse possession affirmed agent alleged appeal appellee assignment authority bill bond Bookman brings error cause of action charge circuit court claim coal Code commissioner complaint contract conveyed corporation county court court of equity creditors damages debt decree deed of trust defendant in error defendant's demurrer dismissed dower duty equity estoppel evidence execution fact fendant filed Georgia grant grantor Grat ground held insurance companies interest issue judge judgment jurisdiction jury justice liable lien Lumber ment motion negligence notice Orleans Cross Roads overruled paid parties payment person petition plaintiff in error plea possession prohibition purchase purpose question railroad company reason road rule says Smith sold statute street suit superior court Supreme Court Syllabus thereof tiff timber tion tract of land trial verdict West Virginia Wise county writ writ of prohibition
Popular passages
Page 271 - 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 356 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same parties or their privies...
Page 187 - 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 accomplishment of the declared objects and purposes of the corporation, — not simply convenient, but indispensable.
Page 398 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 240 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 82 - As a general rule, the action on a contract, whether express or implied, or whether by parol or under seal, or of record, must be brought in the name of the party in whom the legal interest in such contract is vested, and against the party who made it in person or by agent.
Page 236 - Wherever two persons stand in such a relation that, while it continues, confidence is necessarily reposed by one, and the influence which naturally grows out of that confidence is possessed by the other, and this confidence is abused, or the influence is exerted to obtain an advantage at the expense of the confiding party, the person so availing himself of his position will not be permitted to retain the advantage, although the transaction could not have been impeached if no such confidential relation...
Page 126 - ... but within twenty years next after the time at which the right to make such entry or distress or to bring such action shall have first accrued to some person through whom he claims...
Page 271 - that the use and navigation of the river Ohio, so far as the territory of the proposed state, or the territory which shall remain within the limits of this Commonwealth lies thereon, shall be free and common to the citizens of the United States...
Page 331 - But a mere intruder cannot enter on a person actually seized and eject him, and then question his title or set up an outstanding title in another. The maxim that the plaintiff must recover on the strength of his own title, and not on the weakness of the defendant's, is applicable to all actions for the recovery of property.