Atlantic Reporter, Volume 71West Publishing Company, 1909 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 4
... charge of the court is admirable in its concise- ness and clearness , while the requests to charge and for special findings that were disallowed were severally either unnecessary or inappro- priate . The defendant's exceptions are ...
... charge of the court is admirable in its concise- ness and clearness , while the requests to charge and for special findings that were disallowed were severally either unnecessary or inappro- priate . The defendant's exceptions are ...
Page 17
... charge that the valve was defective . On the contrary , it appeared that the valve when examined was found to be in good condition , in no need of repair , and that it continued in constant use in precisely the same way for years after ...
... charge that the valve was defective . On the contrary , it appeared that the valve when examined was found to be in good condition , in no need of repair , and that it continued in constant use in precisely the same way for years after ...
Page 18
... charge on the sub- ject of insanity , dealing with more detailed reference to the prisoner's actions and the rule of responsibility in regard to them . All of them were declined by the judge , on the ground that they were sufficiently ...
... charge on the sub- ject of insanity , dealing with more detailed reference to the prisoner's actions and the rule of responsibility in regard to them . All of them were declined by the judge , on the ground that they were sufficiently ...
Page 29
... charge of the court with reference to the defendants ' assumption of the plaintiff's responsibility to the public was correct . The defendants excepted to a single sentence of the charge on this subject , wherein the court said : " If ...
... charge of the court with reference to the defendants ' assumption of the plaintiff's responsibility to the public was correct . The defendants excepted to a single sentence of the charge on this subject , wherein the court said : " If ...
Page 48
... charge to the jury was erroneous . This is the sole ground alleged for setting aside the proceedings . Without deciding whether certiorari is the proper form of review for a proceeding of this kind , or whether it can be reviewed at all ...
... charge to the jury was erroneous . This is the sole ground alleged for setting aside the proceedings . Without deciding whether certiorari is the proper form of review for a proceeding of this kind , or whether it can be reviewed at all ...
Contents
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Common terms and phrases
action affirmed agent agreement alleged amount appeal appellee applied assignment assumpsit authority Bigelow bill cause Cent charge claim complainant contract corporation counsel Court of Chancery court of equity creditors damages deceased declaration decree deed defendant defendant's demurrer duty easement entitled equity error evidence execution executors fact fendant filed ground held injury issue Jersey Jersey City judge judgment jurisdiction jury justice lampblack land lease liability lien lumber Massachusetts matter ment mortgage motion N. J. Eq N. J. Law negligence nonsuit Note Note.-For owner paid pany parties payment person petition plaintiff plaintiff in error proceedings purchase purpose question Railroad Company reason rule servant statute street suit superior court Supreme Court taxation testator testimony thereof tiff tion trial trustee Vailsburg verdict witness writ
Popular passages
Page 34 - ... that in every case, before the evidence is left to the jury, there is a preliminary question for the judge, not whether there is literally no evidence, but whether there is any upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.
Page 84 - ... Whenever the death of a person shall be caused by wrongful act, neglect, or default, and the act, neglect, or default is such as would, if death had not ensued...
Page 46 - A rule to show cause why a new trial should not be granted, was allowed; and the following reasons were assigned for setting aside the verdict.
Page 287 - After the passage of this act all property which shall pass by will or by the intestate laws of this state, from any person who may die seized or possessed of the same while a resident of this state...
Page 200 - It is an elementary rule of construction that effect must be given, if possible, to every word, clause and sentence of a statute.
Page 349 - ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 421 - Benjamin, that a contract for the sale of goods to be delivered at a future day is valid, even though the seller has not the goods nor any other means of getting them than to go into the market and buy them...
Page 395 - States, except as permitted by such laws, shall by any implication or construction be deemed to possess the power of carrying on the business of discounting bills, notes or other evidences of debt, of receiving deposits, of buying and selling bills of exchange, or of issuing bills, notes or other evidences of debt for circulation as money...
Page 193 - ... for money had and received by the defendant for the use of the plaintiff...
Page 433 - CJ § 219, it is said that the doctrine of recrimination rests upon the equitable maxim that he who comes into equity must come with clean hands...