The Southeastern Reporter, Volume 52West Publishing Company, 1906 - Law reports, digests, etc |
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Common terms and phrases
accused affirmed agent alleged amount appeal appellee authority bill of lading brings error cause of action Cent certiorari charge circuit court claimed Code complaint Constitution contract contributory negligence corporation counsel court of equity damages debt declaration decree deed defendant in error defendant's demurrer dence duty eminent domain entitled equity evidence fact fendant filed Georgia grant ground held indictment injury instruction intent issue judge judgment jurisdiction jury justice Kanawha county land liable lien ment motion negligence nonsuit North Carolina Note.-For opinion overruled paid parties payment person petition plaintiff in error poll tax possession purchase question railroad reason recover refused rendered reversed road rule statute sufficient suit Superior Court Supreme Court sustained Swiger Syllabus testimony thereof tiff tion tract trial Tribe of Joseph verdict voters witness
Popular passages
Page 185 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable.
Page 401 - The liability of the owner of any vessel for any embezzlement, loss or destruction by any person of any property, goods or merchandise, shipped or put on board of such vessel, or for any loss, damage or injury by collision, or for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners...
Page 133 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 302 - This Company reserves the right to cancel this policy at any time, as provided by its terms, but in such case this policy shall continue in force for the benefit only of the mortgagee...
Page 382 - The seventh and last bill of exceptions is to the refusal of the court to set aside the verdict and grant the defendant a new trial, upon the ground that the verdict was contrary to the law and the evidence.
Page 234 - An action against a corporation created by or under the laws of any other State, government, or
Page 445 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity, are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him ; for the law presumeth the fact to have been founded in malice until the contrary appeareth.
Page 210 - Any court in which an action is pending, or a judge thereof may, upon notice, order either party to give to the other, within a specified time, an inspection and copy, or permission to take a copy, of...
Page 241 - Where the variance Is not material, as provided in the last section, the Court may direct the fact to be found according to the evidence, or may order an immediate amendment, without costs.
Page 364 - No suit or action on this policy, for the recovery of any claim, shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.