Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Volume 18David Thomas Marvel, John W. Houston, James Pennewill, Samuel Maxwell Harrington, William Henry Boyce, William Watson Harrington, William J. Storey, Charles L. Terry Mercantile Print. Company, 1901 - Law reports, digests, etc |
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Page 8
... common and ordinary use of such tracks , and the move- ments of the trains and cars of the defendant company with all the usual and customary dangers and risks accompanying such use and movement . 111 & c . R. R. vs. Hetherington , 83 ...
... common and ordinary use of such tracks , and the move- ments of the trains and cars of the defendant company with all the usual and customary dangers and risks accompanying such use and movement . 111 & c . R. R. vs. Hetherington , 83 ...
Page 23
... common law the relator in proceedings in mandamus could not test the sufficiency of the return to the alternative writ by way of demurrer , and this deficiency or want of procedure for testing the legality and sufficiency of the return ...
... common law the relator in proceedings in mandamus could not test the sufficiency of the return to the alternative writ by way of demurrer , and this deficiency or want of procedure for testing the legality and sufficiency of the return ...
Page 25
... common law rules which apply to pleas of this nature are to be used in testing the sufficiency of the return . The respondent should state in direct and positive terms the matters of excuse or justification upon which he relies , and if ...
... common law rules which apply to pleas of this nature are to be used in testing the sufficiency of the return . The respondent should state in direct and positive terms the matters of excuse or justification upon which he relies , and if ...
Page 27
... be considered by the Court insufficient , and as such seems to be now the common practice , leave is granted the respondent to amend his return . SYLLABUS . GEORGE V. ANDERSON vs. THE MAYOR AND COUNCIL STATE vs. HIRAM GRAND LODGE . 27.
... be considered by the Court insufficient , and as such seems to be now the common practice , leave is granted the respondent to amend his return . SYLLABUS . GEORGE V. ANDERSON vs. THE MAYOR AND COUNCIL STATE vs. HIRAM GRAND LODGE . 27.
Page 78
... common law liability . Hill vs. Boston , 122 Mass . , 344 . ( a ) The only express or statutory liability of the City of Wil- mington is that contained in the act of 1889 . 18 Del . Laws , 889 . And when there is an express liability ...
... common law liability . Hill vs. Boston , 122 Mass . , 344 . ( a ) The only express or statutory liability of the City of Wil- mington is that contained in the act of 1889 . 18 Del . Laws , 889 . And when there is an express liability ...
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Common terms and phrases
action affidavit aforesaid agent alleged amended Attorney-General authority bail bond Bay Shore bill cars Castle County cause character character evidence CHARGE OF COURT charging the jury Charles Shearer charter circumstances claim common law Constitution contract corporation counsel creditor criminal damages deceased defective defendant defendant's demurrer Dover and Milford duty entitled evidence exercise fact fendant filed footways garnishee guilty Harr held to bail Houst husband Ibid indictment injury issue Judge judgment jurisdiction Justice Kent County land Legislature liability lien LORE malice matter ment mortgage negligence nonsuit offense OPINION OF COURT owner party payment PENNEWILL and BOYCE person plaintiff plaintiff in error plea in abatement premises proceedings proved quash question railroad Railway Company reasonable doubt received record recover replevin rule scire facias Section servant sheriff SPRUANCE statute streets sufficient Superior Court surety SYLLABUS testimony therein thereof tion verdict witness writ
Popular passages
Page 353 - ... the jurors ought to be told in all cases that every man is to be presumed to be sane, and to possess a sufficient degree of reason to be responsible for his crimes until the contrary be proved to their satisfaction ; and that to establish a defence on the ground of insanity, it must be clearly proved that at the time of...
Page 91 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial. The meaning is, that every citizen shall hold his life, liberty, property, and immunities under the protection of the general rules which govern society. Everything which may pass under the form of an enactment is not, therefore, to be considered the law of the land.
Page 46 - ... would tend in many instances to substitute a new and different contract for the one which was really agreed upon, to the prejudice, possibly, of one of the parties, is rejected. In other words, as the rule is now more briefly expressed, "parol contemporaneous evidence is inadmissible to contradict or vary the terms of a valid written instrument.
Page 110 - Gray, 84, is applicable, that if the different parts "are so mutually connected with and dependent on each other, as conditions, considerations or compensations for each other, as to warrant a belief that the legislature intended them as a whole, and that, if all could not be carried into effect, the legislature would not pass the residue independently, and some parts are unconstitutional, all the provisions which are thus dependent, conditional or connected, must fall with them.
Page 116 - ... by virtue of such employment, receive or take into his possession any chattel, money, or valuable security for or in the name or on the account of his master...
Page 110 - And if they are so mutually connected with and dependent on each other, as conditions, considerations, or compensations for each other, as to warrant the belief that the legislature intended them as a whole, and...
Page 85 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
Page 508 - ... unless the agreement, upon which such action shall be brought or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized.
Page 222 - TERM, may be in every case 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 burden of proof is imposed.
Page 90 - 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.