Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 17Michigan. Supreme Court, Randolph Manning, George C. Gibbs, William Jennison, Thomas McIntyre Cooley, Elijah W. Meddaugh, John Adams Brooks, Hovey K. Clarke, Hoyt Post, James M. Reasoner, Henry Allen Chaney, Richard W. Cooper, William Dudley Fuller, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1869 - Law reports, digests, etc |
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Page 13
... testimony ; but after he has admitted the testimony he can not take the question away from the jury and decide it himself . 4. Intoxication to such an extent as to make the pris- oner unconscious of what he was doing at the time of the ...
... testimony ; but after he has admitted the testimony he can not take the question away from the jury and decide it himself . 4. Intoxication to such an extent as to make the pris- oner unconscious of what he was doing at the time of the ...
Page 14
... testimony of any undue and unnatural excitement about the defendant during engagements in the army . This evidence would tend to show the condition of his mind and memory , and was therefore admissible . 8. The court erred in refusing ...
... testimony of any undue and unnatural excitement about the defendant during engagements in the army . This evidence would tend to show the condition of his mind and memory , and was therefore admissible . 8. The court erred in refusing ...
Page 20
... testimony , that he was incapable of criminal intent at the time the act was done.- Regina v . Taylor , 4 Cox , C. C. 155 ; Regina v . Stokes , 3 C. & K. 188 ; State v . Brinyea , 5 Ala . 244 ; State v . Spencer , 1 Zab . 202 ; State v ...
... testimony , that he was incapable of criminal intent at the time the act was done.- Regina v . Taylor , 4 Cox , C. C. 155 ; Regina v . Stokes , 3 C. & K. 188 ; State v . Brinyea , 5 Ala . 244 ; State v . Spencer , 1 Zab . 202 ; State v ...
Page 22
... testimony of witnesses , liable to be overcome in the same way . Nevertheless it is a part of the case for the govern- ment ; the fact which it supports must necessarily be estab- lished before any conviction can be had ; and when the ...
... testimony of witnesses , liable to be overcome in the same way . Nevertheless it is a part of the case for the govern- ment ; the fact which it supports must necessarily be estab- lished before any conviction can be had ; and when the ...
Page 38
... testimony has been taken , and where the facts are not brought before us with such precision as we should desire for such a purpose , we do not regard such a decision as justifiable . The questions are serious , and should not be ...
... testimony has been taken , and where the facts are not brought before us with such precision as we should desire for such a purpose , we do not regard such a decision as justifiable . The questions are serious , and should not be ...
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Common terms and phrases
admissible admitted affidavit agreement alleged amount appears assignment assumpsit attornment AUDITOR Barb bill Caplis cause of action charge CHRISTIANCY Circuit Court Circuit Judge City of Detroit claim Commissioner common counts common law Comp complainant constitution contract COOLEY CH counsel court of equity damages declaration deed defendant in error defendant's DETROIT AND MILWAUKEE district Ellis entitled evidence execution facts fence ground held Henry H injunction intended issue judgment jury jury fees LAKE SUPERIOR lands legislature levy lien lumber mandamus ment MILWAUKEE R. R. misjoinder mortgage negligence notice objection offered Oliver Johnson paid parol parties payment person plaintiff in error possession premises proceedings proof prosecution prove purchase question reasonable record recover refused Regents rendered replevin ROMEYN rule specific taxes statute STEINBURG suit Swinscoe tending to show testimony tion township trial void Wayne witness writ
Popular passages
Page 77 - All specific State taxes, except those received from the mining companies of the Upper Peninsula, shall be applied in paying the interest upon the primary school, university, and other educational funds, and the interest and principal of the State debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to, and constitute a part of the primary school interest fund.
Page 74 - Every law which imposes, continues or revives a tax, shall distinctly state the tax and the object to which it is to be applied ; and it shall not be sufficient to refer to any other law to fix such tax or object.
Page 178 - The board of regents shall have the general supervision of the University, and the direction and control of all expenditures from the University interest fund.
Page 21 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Page 19 - The counsel for the defendant requested the court to charge the jury that if they believed...
Page 120 - The case, however, must be a very clear one which would justify the court in taking upon itself this responsibility. For when the judge decides that a want of due care is not shown, he necessarily fixes in his own mind the standard of ordinary prudence, and measuring the plaintiff's conduct by that, turns him out of court upon his opinion of what a reasonably prudent man ought to have done under the circumstances.
Page 87 - The taxing power of a state is one of its attributes of sovereignty. And where there has been no compact with WALCOTT v. TRE PEOFLE. the federal government, or cession of jurisdiction, for the purposes specified in the constitution, this power reaches all the property and business within the state, which are not properly denominated the means of the general government, and.
Page 201 - ... to testify at all to matters which, if true, must have been equally within the knowledge of such deceased person...
Page 80 - SEC. 10. The State may continue to collect all specific taxes accruing to the treasury under existing laws. The Legislature may provide for the collection of specific taxes, from banking, railroad, plank-road, and other corporations hereafter created.
Page 123 - ... conclusions has been drawn by the jury. The inferences to be drawn from the evidence must either be certain and incontrovertible, or they cannot be decided upon by the court. Negligence cannot be conclusively established by a state of facts upon which fair-minded men may well differ.