Lawyers' Reports Annotated, Book 47Lawyers' Co-operative Publishing Company, 1914 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 187
... equity , because of the considera- tion for the promise . First Nat . Bank v . Chalmers , 144 N. Y. 432 , 39 N. E. 321 ; Clark v . Howard , 150 lien against a subvendee is not considered , to the complainant as an incident to the for ...
... equity , because of the considera- tion for the promise . First Nat . Bank v . Chalmers , 144 N. Y. 432 , 39 N. E. 321 ; Clark v . Howard , 150 lien against a subvendee is not considered , to the complainant as an incident to the for ...
Page 188
... equity can or will impress a lien upon the property in question in favor of respondent , he must allege and prove re- covery at law against Theresa Cohn upon her promise , and execution returned in the county of her residence ...
... equity can or will impress a lien upon the property in question in favor of respondent , he must allege and prove re- covery at law against Theresa Cohn upon her promise , and execution returned in the county of her residence ...
Page 191
... equity in the first instance to en- force such lien , without resorting to a suit at law to recover the amount . Bach v . Kidansky , 106 App . Div . 502 , 94 N. Y. Supp . 752 ; Bradley v . Bosley , 1 Barb . Ch . 152 ; Clark v . Howard ...
... equity in the first instance to en- force such lien , without resorting to a suit at law to recover the amount . Bach v . Kidansky , 106 App . Div . 502 , 94 N. Y. Supp . 752 ; Bradley v . Bosley , 1 Barb . Ch . 152 ; Clark v . Howard ...
Page 192
... equity would have granted Jacob's prayer to have this property impressed with a lien for Theresa's failure to pay the consideration , and we do not perceive why the plaintiff is not entitled to the same relief . To the ex- tent of his ...
... equity would have granted Jacob's prayer to have this property impressed with a lien for Theresa's failure to pay the consideration , and we do not perceive why the plaintiff is not entitled to the same relief . To the ex- tent of his ...
Page 193
... Equity , the parent of this lien , looks through mere form to the substance of things . For all practical purposes it is the same whether the lien is declared in favor of the vendor or his creditor . The evils which arise from the ...
... Equity , the parent of this lien , looks through mere form to the substance of things . For all practical purposes it is the same whether the lien is declared in favor of the vendor or his creditor . The evils which arise from the ...
Other editions - View all
Common terms and phrases
affirmed agent agreement alleged amount appeal applied appraisement arbi arbitration arise Asso authority award Bank beneficiary carrier cause of action Chicago claim clause commissioner common carrier common law condition precedent Constitution contract contributory negligence corporation court of equity creditor damages death decision defendant dispute disqualified doctrine duty eminent domain employee enforce engaged in interstate engine equity evidence fact Federal fellow servant fire insurance policy held husband injury interstate commerce Iowa judgment jurisdiction jury land liability act lien loss Lumber ment Minn mortgage N. Y. Supp negligence operation opinion owner P. R. Co parties payment person plaintiff plaintiff in error policy holder proceedings providing question railroad company reason recover referred repair rule Stat statute statute of limitations submission suit supra Supreme Court surety tion track tract train trust vendor wife
Popular passages
Page 99 - Act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Page 43 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other. Rights of property, which have been created by the common law, cannot be taken away without due process ; but the law itself, as a rule of conduct, may be changed at the will or even at the whim of the Legislature, unless prevented by constitutional limitations. Indeed, the great office of statutes is to remedy defects in the common law...
Page 5 - Columbia and any of the states or territories and any foreign nation or nations shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or in case of the death of such employee to his or her personal representative...
Page 479 - And the time drew nigh that Israel must die: and he called his son Joseph, and said unto him, If now I have found grace in thy sight, put, I pray thee, thy hand under my thigh, and deal kindly and truly with me; bury me not, I pray thee, in Egypt: but I will lie with my fathers, and thou shalt carry me out of Egypt, and bury me in their buryingplace. And he said, I will do as thou hast said.
Page 199 - A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Page 33 - ... in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Page 77 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.
Page 34 - If any one proposition could command the universal assent of mankind, we might expect it would be this — that the government of the Union, though limited in its powers, is supreme within its sphere of action.
Page 22 - The jurisdiction of the courts of the United States under this Act shall be concurrent with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the United States.
Page 99 - ... any defect or insufficiency due to its negligence in its cars, engines, appliances, machinery, track, roadbed, ways, or works.