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 53Abraham Clark Freeman Bancroft-Whitney Company, 1897 - Law reports, digests, etc |
From inside the book
Results 1-5 of 81
Page 17
... EVIDENCE ILLEGALLY OBTAINED - ILLEGAL SEARCH . Evidence obtained by an illegal and unauthorized search of one's person is admissible to fix the guilt of a criminal offense upon him , and does not violate a constitutional guaranty that a ...
... EVIDENCE ILLEGALLY OBTAINED - ILLEGAL SEARCH . Evidence obtained by an illegal and unauthorized search of one's person is admissible to fix the guilt of a criminal offense upon him , and does not violate a constitutional guaranty that a ...
Page 18
... evidence they must find the de- fendant guilty . " To this charge , the defendant excepted . Peter M. Horn , for the appellant . William L. Martin , attorney general , and Virginius W. Jones , for the state . 36 BRICKELL , C. J. The ...
... evidence they must find the de- fendant guilty . " To this charge , the defendant excepted . Peter M. Horn , for the appellant . William L. Martin , attorney general , and Virginius W. Jones , for the state . 36 BRICKELL , C. J. The ...
Page 20
... evidence comes , and will avail themselves of all evidence that is competent and pertinent , and not subversive of some constitutional or legal right . " The state had no connection with , and had no agency in , the wrong com- mitted by ...
... evidence comes , and will avail themselves of all evidence that is competent and pertinent , and not subversive of some constitutional or legal right . " The state had no connection with , and had no agency in , the wrong com- mitted by ...
Page 21
... evidence : Wharton on Criminal Evidence , sec . 670 ; 1 Roscoe's Criminal Evidence , 8th ed . , 81 ; King v . State , 40 Ala . 314 ; People v . Barker , 60 Mich . 277 ; 1 Am . St. Rep . 501 ; Heldt v . State , 20 Neb . 492 ; 57 Am . Rep ...
... evidence : Wharton on Criminal Evidence , sec . 670 ; 1 Roscoe's Criminal Evidence , 8th ed . , 81 ; King v . State , 40 Ala . 314 ; People v . Barker , 60 Mich . 277 ; 1 Am . St. Rep . 501 ; Heldt v . State , 20 Neb . 492 ; 57 Am . Rep ...
Page 22
... evidence they bear . That evidence is theirs , not their owner's . If a party should have the power to keep out of sight , or out of reach , persons who can give evidence of facts he desires to suppress , and he attempts to do that ...
... evidence they bear . That evidence is theirs , not their owner's . If a party should have the power to keep out of sight , or out of reach , persons who can give evidence of facts he desires to suppress , and he attempts to do that ...
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Common terms and phrases
action admissible ALABAMA alleged appellant appellee application assignment authority averred bank bills of lading breach cause charge claim comakers complainant constitution construction contract contributory negligence conveyance corporation court court of equity covenant for quiet creditor damages debt debtor decree deed defendant delivered delivery demurrer dollars domicile duty entitled equity eviction evidence execution exercise fact fendant fraud fraudulent grant grantor held indorsement injury issued judgment jurisdiction jury land lease liable lien ment monographic note mortgage municipal municipal corporation navigable negligence notice Ohio St owner paid parties payment person plaintiff plaintiff in error possession premises proceeding proof purchaser purpose question quiet enjoyment R. R. Co reason recover rendered rule service of process statute stream sufficient suit surety sustained thereof tion trial trust unlawful detainer valid witness
Popular passages
Page 139 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 912 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 942 - The proposition which these recognized cases suggest, and which is, therefore, to be deduced from them, is that, whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances he would cause danger of injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such...
Page 240 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 167 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 78 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand...
Page 847 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...
Page 563 - ... to agree upon the manner, and upon the terms and conditions upon which the same may be used or occupied...
Page 163 - A surety is exonerated: 1. In like manner with a guarantor; 2. To the extent to which he is prejudiced by any act of the creditor which would naturally prove injurious to the remedies of the surety or inconsistent with his rights, or which lessens his security; or, 3.
Page 334 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.