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 1Abraham Clark Freeman Bancroft-Whitney Company, 1888 - Law reports, digests, etc |
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Results 1-5 of 76
Page 17
... ment need not be copied in full upon such journal . MANDATE to require the execution of a contract by a city marshal for street work . Whether the mandate should issue or not depended on the validity of a constitutional amend- ment ...
... ment need not be copied in full upon such journal . MANDATE to require the execution of a contract by a city marshal for street work . Whether the mandate should issue or not depended on the validity of a constitutional amend- ment ...
Page 37
... non- resident who was served with summons by publication only , and who did not appear in the action , and the personal judg ment was held void . The right to institute and prosecute an action against a Feb. 1887. ] 37 ANDERSON V. Goff .
... non- resident who was served with summons by publication only , and who did not appear in the action , and the personal judg ment was held void . The right to institute and prosecute an action against a Feb. 1887. ] 37 ANDERSON V. Goff .
Page 38
... ment . . . . . The property is sold under the final process issued on the judgment . " Had our courts adopted the practice in cases where attach- ments are issued , of declaring the lien of the 38 [ Cal . ANDERSON v . Goff .
... ment . . . . . The property is sold under the final process issued on the judgment . " Had our courts adopted the practice in cases where attach- ments are issued , of declaring the lien of the 38 [ Cal . ANDERSON v . Goff .
Page 39
... ment has issued , are not among them . The decisions quoted from the New York courts have no application here , for the reason that the statute of that state is essentially different from our own . There service of sum- mons can only be ...
... ment has issued , are not among them . The decisions quoted from the New York courts have no application here , for the reason that the statute of that state is essentially different from our own . There service of sum- mons can only be ...
Page 44
... ment of the loss ; that is to say , the agent and the company took the premium , and yet believed the policy was void . And the company now says : " At the time we took your premium your policy was void , although our agent told you it ...
... ment of the loss ; that is to say , the agent and the company took the premium , and yet believed the policy was void . And the company now says : " At the time we took your premium your policy was void , although our agent told you it ...
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acceptance action affirmed alleged appear appellant applied assumpsit authority Bank bill caboose cars cause charge claim common carrier common law complained constitution contract contributory negligence corporation court court of equity creditor damages debt debtor deed defendant defendant's delivered dollars duty entitled equity error evidence execution facts fraud grantor held holder homestead indorsed injury intention interest interpleader issue judgment juror jury land lease legislature liable lien ment mortgage negligence notice nuisance opinion owner paid parties payment person plaintiff plaintiff in error possession premises premium principle provisions purchaser question quitclaim deed R. R. Co railroad company reason received recover refused replevin rule servant statute statute of frauds street sufficient suit supra tenant testator testimony thereof tiff tion train train dispatcher transaction trial valid verdict void witness
Popular passages
Page 784 - ... but the person pledging such stock shall be considered as holding the same, and shall be liable as a stockholder accordingly; and the estates and funds in the hands of such executor, administrator, guardian or trustee shall be liable in like manner, and to the same extent as the testator or intestate, or the ward or person interested in such trust fund would have been, if he had been living and competent to act, and held the same stock in his own name.
Page 36 - ... a cause of action exists against the defendant in respect to whom the service is to be made...
Page 674 - That no lands acquired under the provisions of this act shall in any event become liable to the satisfaction of any debt or debts contracted prior to the issuing of the patent therefor.
Page 350 - The party who last has a clear opportunity of avoiding the accident, notwithstanding the negligence of his opponent, is considered solely responsible for it" The United States supreme court in Grand Trunk Ry.
Page 753 - All contracts for the sale of shares of the capital stock of any corporation or association, on margin or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any Court of competent jurisdiction.
Page 647 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 70 - The making of profit out of county, city, town, or other public money, or using the same for any purpose not authorized by law, by any officer having the possession or control thereof, shall be a felony, and shall be prosecuted and punished as prescribed by law.
Page 390 - The judge has a certain duty to discharge, and the jurors have another and a different duty. The judge has to say whether any facts have been established by evidence from, which negligence may be reasonably inferred ; the jurors have to say whether, from those facts, when submitted to them, negligence ought to be inferred.
Page 224 - 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...
Page 864 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.