Lawyers' Reports Annotated, Book 45Lawyers' Co-operative Publishing Company, 1905 - Law reports, digests, etc |
From inside the book
Results 1-5 of 100
Page 78
... proceeding to acquire a title that staleness of demand is pleaded . and to disallow the defense would be to over ... proceedings to assert their rights under the deed made by John Falconer . It is not pre- tended that any conduct or ...
... proceeding to acquire a title that staleness of demand is pleaded . and to disallow the defense would be to over ... proceedings to assert their rights under the deed made by John Falconer . It is not pre- tended that any conduct or ...
Page 84
... proceedings to compel the performance of duty , or action against the members of council or officer . Held , that this statute was a defense to the city . The court says : " I am unable to see why the same legislature may not create a ...
... proceedings to compel the performance of duty , or action against the members of council or officer . Held , that this statute was a defense to the city . The court says : " I am unable to see why the same legislature may not create a ...
Page 95
... proceedings the mother received aid for the support of the child until she died . One of the defendants made ... proceeding brought to establish an interest in a trust created by Mary M. Marshall , deceased . Affirmed . The facts are ...
... proceedings the mother received aid for the support of the child until she died . One of the defendants made ... proceeding brought to establish an interest in a trust created by Mary M. Marshall , deceased . Affirmed . The facts are ...
Page 115
... proceeding is legislating , and the tent , railroads could not obtain the aid of the courts to set aside a legislative rate . This proceeding was not for the purpose of fixing rates . I simply show to the court that I tendered ...
... proceeding is legislating , and the tent , railroads could not obtain the aid of the courts to set aside a legislative rate . This proceeding was not for the purpose of fixing rates . I simply show to the court that I tendered ...
Page 125
... proceedings by public officers or bod- ies , are only obligatory to the extent and in cases to which they are by their terms ap- plicable . The legislature cannot be pre- sumed to have intended to declare that no power should be ...
... proceedings by public officers or bod- ies , are only obligatory to the extent and in cases to which they are by their terms ap- plicable . The legislature cannot be pre- sumed to have intended to declare that no power should be ...
Other editions - View all
Common terms and phrases
action agent agreement amendment Anaconda appeal appellee assignment Asso authority Bank Bankr bankrupt act bankruptcy bond broker chap claim common law condition Constitution contract Cornwell corporation cosurety County court of equity creditors declared deed defendant delivered discharge dividends duty entitled equity Ex parte Lange executed fact fee simple fraud habeas corpus held imprisonment injury insolvent Iowa judgment jurisdiction jury land lease legislature liability lien low water mark ment Minn Missouri mortgage N. J. Eq negligence obligee Ohio St opinion owner P. R. Co parties payment person plaintiff plaintiff in error principal prisoner proceedings purchaser question railroad reason recover rule sentence signed statute street supreme court surety Teleg tence testator thereon tion trust valid void
Popular passages
Page 162 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 438 - We think it is a settled principle, growing out of the nature of well-ordered civil society, that every holder of property, however absolute and unqualified may be his title, holds it under the implied liability that his use of it may be so regulated, that it shall not be injurious to the equal enjoyment of others having an equal right to the enjoyment of their property, nor injurious to the rights of the community.
Page 443 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts, when entered into freely and voluntarily, shall be held sacred, and shall be enforced by courts of justice.
Page 423 - whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 162 - ... if the special circumstances under which the contract was actually made were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Page 253 - Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe...
Page 217 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another court...
Page 413 - ... the court says he has no right to be assisted. It is upon that ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff.
Page 444 - The public policy of the government is to be found in its statutes, and when they have not directly spoken, then in the decisions of the courts and the constant practice of the government officials; but when the lawmaking power speaks upon a particular subject over which it has constitutional power to legislate, public policy in such a case is what the statute enacts.
Page 253 - Assembly; and if the same shall be agreed to by a majority of the members elected to each of the two Houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature to be chosen at the next general election...