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action affirmed agent agreed agreement alleged allowed amount answer appeal application authority Bank bond called cause charge circuit court City claim Company contract corporation costs creditors damages debt defendant defendant's delivered demand dollars duty effect entered entitled equity error evidence exceptions execution facts failed filed further give given ground held hundred instruction intent interest issue Judge judgment jury justice land levy lien Louis matter ment mortgage motion negligence notice objection officer opinion paid parties payment person petition plaintiff pleadings possession present proceeding proof proper provisions purchase question Railroad reason received record recover refused respondent reversed rule Stat statement statute sufficient suit taken tending testimony tion tort trial trust verdict witness writ
Page 260 - A person is in legal jeopardy when he is put upon trial, before a court of competent jurisdiction, upon indictment or information which is sufficient in form and substance to sustain a conviction, and a jury has been charged with his deliverance. And a jury is said to be thus charged when they have been impaneled and sworn.
Page 410 - It is a very unruly horse, and, when once you get astride It, you never know where it will carry you.
Page 356 - The doctrine has no place for application when the statement relates to rights depending upon contracts yet to be made, to which the person complaining is to be a party. He has it in his power in such cases to guard in advance against any consequences of a subsequent change of intention by the person with whom he is dealing.
Page 213 - America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.
Page 482 - When any of the matters enumerated in section forty do not appear upon the face of the complaint, the objection may be taken by answer. SEC. 45. If no such objection be taken, either by demurrer or answer, the defendant shall be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action.
Page 281 - 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. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation and the power is denied.
Page 355 - If, by inadvertence or mistake, provisions other than those intended were inserted, or stipulated provisions were omitted, the parties could have had recourse for a correction of the agreement to a court of equity, which is competent to give all needful relief in such cases. But, until thus corrected, the policy must be taken as expressing the final understanding of the assured and of the insurance company.