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 84Abraham Clark Freeman Bancroft-Whitney Company, 1902 - Law reports, digests, etc |
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Page 68
... land in dispute . The facts are unlike those in Cook v . Cockins , 117 Cal . 140 , 48 Pac . 1025 , and other cases ... land in dispute , and that he did not want to do that . Sheehy , how- ever , brought suit and attached this land , and ...
... land in dispute . The facts are unlike those in Cook v . Cockins , 117 Cal . 140 , 48 Pac . 1025 , and other cases ... land in dispute , and that he did not want to do that . Sheehy , how- ever , brought suit and attached this land , and ...
Page 85
... land , with all the rights , powers , and advantages which legally belong to such an interest . If there had been a direct devise to the trustees for the lives of the testator's children , with remainders to the said classes , as there ...
... land , with all the rights , powers , and advantages which legally belong to such an interest . If there had been a direct devise to the trustees for the lives of the testator's children , with remainders to the said classes , as there ...
Page 113
... land , and that the children took no estate therein ; and this conclusion may also have been reached upon the ground that , as the land was conveyed to the trustee with a power in trust by which he was required to convey the estate in ...
... land , and that the children took no estate therein ; and this conclusion may also have been reached upon the ground that , as the land was conveyed to the trustee with a power in trust by which he was required to convey the estate in ...
Page 207
... land , execution was issued thereon on May 28 , 1896 , and the same having been levied on the land described in the security deed , a claim was interposed to the property by Wilkins , Neely & Jones . Pending the trial of the claim case ...
... land , execution was issued thereon on May 28 , 1896 , and the same having been levied on the land described in the security deed , a claim was interposed to the property by Wilkins , Neely & Jones . Pending the trial of the claim case ...
Page 211
... land in controversy : The estate of W. I. Steiner is insolvent , and plaintiff and claimants are her only creditors . The fieri facias levied is proceeding to enforce a judgment founded on a debt secured by deed to the land levied on ...
... land in controversy : The estate of W. I. Steiner is insolvent , and plaintiff and claimants are her only creditors . The fieri facias levied is proceeding to enforce a judgment founded on a debt secured by deed to the land levied on ...
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Common terms and phrases
alleged amendment appellant appellee apply authority Bank beneficiary bill cause of action certificate choses in action cited claim Code commissioners common law complaint condition Conn constitution contract conveyance corporation court court of equity creditor death debt declared deed defendant demurrer devise divorce doctrine dollars domicile effect entitled equity error evidence execution fact filed grant guaranty held husband injury instrument intention interest Iowa judge judgment jurisdiction jury land legislative legislature liable lien marriage married ment monographic note mortgage Neely & Jones Northern Trust Company Ohio St opinion owner paid party payment person plaintiff plaintiff in error promissory note purchaser purpose question real property reason recover revenue stamp rule stamp statute Steiner subrogation suit therein ticket tion trial trust to convey usury valid vested void wife
Popular passages
Page 292 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 72 - If there be no issue, nor husband, nor wife, nor father, then in equal shares to the brothers and sisters of the intestate, and to the children of any deceased brother or sister, by right of representation...
Page 850 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.
Page 43 - Assembly." § 12. Bills may originate in either House, but may be altered, amended or rejected by the other; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill separately, and shall be entered upon the journal; and no bill shall become a law without the concurrence of a majority of the members elected to each House.
Page 818 - To justify the state in thus interposing its authority in behalf of the public it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and, second, that the means are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals.
Page 453 - Constitution, be selected by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years...
Page 81 - The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the subjects to which it relates, and its provisions and all proceedings under it are to be liberally construed, with a view to effect its objects and to promote justice.
Page 461 - ... two for a term of one year, two for a term of two years and two for a term of three years each.
Page 841 - Without attempting to draw any precise line to which courts of equity will advance, and which they cannot pass, in restraining parties from availing themselves of judgments obtained at law, it may safely be said that any fact which clearly proves it to be against conscience to execute a judgment, and of which the injured party could not have availed himself in a court of law, or of which he might have availed himself at law, but was prevented by fraud or accident, unmixed with any fault or negligence...
Page 221 - Equitable estoppel is the effect of the voluntary conduct of a party whereby he is absolutely precluded, both at law and in equity, from asserting rights which might, perhaps, have otherwise existed, either of property, of contract, or of remedy...