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 |
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Results 1-5 of 70
Page 17
... person by an officer , prior to his arrest , while making a forcible search of his person , is admissi- ble against the defendant , although the search was unauthorized and unlawful . INSTRUCTIONS - CRIMINAL LAW - REASONABLE DOUBT . A ...
... person by an officer , prior to his arrest , while making a forcible search of his person , is admissi- ble against the defendant , although the search was unauthorized and unlawful . INSTRUCTIONS - CRIMINAL LAW - REASONABLE DOUBT . A ...
Page 18
... person . The defendant moved , on the trial , to exclude the testimony as to the discovery of the pistol , on the ground that the sheriff had no right or authority to search him , and because of the inadmissibility of such testimony ...
... person . The defendant moved , on the trial , to exclude the testimony as to the discovery of the pistol , on the ground that the sheriff had no right or authority to search him , and because of the inadmissibility of such testimony ...
Page 19
... person of the defendant was unauthorized and illegal , the question , a decision of which was heretofore ... persons , not having legal authority , he will permit to enter the jail , or to have access to the prisoners ; a discretion it ...
... person of the defendant was unauthorized and illegal , the question , a decision of which was heretofore ... persons , not having legal authority , he will permit to enter the jail , or to have access to the prisoners ; a discretion it ...
Page 21
... person accused of crime shall be compelled to give evidence against himself , cor- responds to and is drawn from the maxim of the common law , " Nemo tenetur seipsum accusare , " and it forever removes from the sphere of judicial ...
... person accused of crime shall be compelled to give evidence against himself , cor- responds to and is drawn from the maxim of the common law , " Nemo tenetur seipsum accusare , " and it forever removes from the sphere of judicial ...
Page 28
... PERSON ARRESTED is jus- tifiable only as an incident to a lawful arrest ; if the arrest be unlaw- ful , the search is unlawful , and is aggravated by the illegality of the arrest . ATTACHMENT - UNLAWFUL SEARCH OF PERSON - GAR- NISHMENT ...
... PERSON ARRESTED is jus- tifiable only as an incident to a lawful arrest ; if the arrest be unlaw- ful , the search is unlawful , and is aggravated by the illegality of the arrest . ATTACHMENT - UNLAWFUL SEARCH OF PERSON - GAR- NISHMENT ...
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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.