American law reports annotated, Volume 501927 |
Common terms and phrases
action adjoining adverse possession agreement alleged amount annotation appellant assignment Asso attorney authority Bank bonds building charge claim contract contributory negligence corporation court court of equity covenant creditors damages debt declaratory judgment decree deed of trust defendant drawer duty effect entitled equity erty estoppel excavation fact fraud fund gage held holder injury insolvent Iowa judgment jurisdiction jury land liable lien Luckenbach S. S. Co ment mort mortgage municipal N. Y. Supp negligence Negotiable Instruments notes secured Ohio operation opinion owner paid parties partner payment person plaintiff preferred stock priority provision purchase question R. C. L. Supp railroad receiver recover rule shares of stock sion Stat statute suit supra surety thereof Third Avenue Railway tion vendee warranty
Popular passages
Page 231 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment (whether he be the grower or manufacturer or not), there is an implied warranty that the goods shall be reasonably fit for such purpose.
Page 479 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the Constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Page 411 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 39 - When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.
Page 73 - In the case of food: (1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity; (2) If any inferior or cheaper substance, or substances have been substituted wholly or in part for it...
Page 384 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Page 592 - The judgment of the circuit court will therefore be reversed, and the cause remanded to that court, with directions to enter a finding and order not inconsistent with the views herein expressed. Reversed and remanded, with directions.
Page 654 - The circuit courts shall have original jurisdiction in all matters, civil and criminal, not excepted in this Constitution, and not prohibited by law; and appellate jurisdiction from all inferior courts and tribunals, and a supervisory control of the same. They shall also have power to issue writs of habeas corpus, mandamus, injunction, quo warranto...
Page 90 - ... no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
Page 593 - Boston then lay out, at their discretion, one hundred thousand pounds in public works, which may be judged of most general utility to the inhabitants, such as fortifications, bridges, aqueducts, public buildings, baths, pavements, or whatever may make living in the town more convenient to its people, and render it more agreeable to strangers resorting thither for health or a temporary residence.