The Atlantic Reporter, Volume 63West Publishing Company, 1906 - Law reports, digests, etc |
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action affirmed agreed agreement alleged amount answer appeal appellee application assigned authority bank bill cause Cent charge claim common complainant condition Conn consideration Constitution contract corporation court damages death decree deed defendant direct duty effect entitled error established evidence exception execution fact filed follows further give given granted ground held injury intended interest issue judge judgment jury land March matter meaning ment mortgage negligence notice objection offer officers paid parties passed payment person plaintiff possession present purchase question reason received record recover referred refused relator rule shares statute street sufficient suit Supreme Court sustained taken testimony tion trial trust wife witness
Popular passages
Page 233 - ... 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 340 - Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default, is such as would (if death had not ensued) have entitled the party injured to maintain an action and recover damages, in respect thereof...
Page 173 - In the event of disagreement as to the amount of loss the same shall, as above provided, be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one...
Page 173 - This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs...
Page 339 - Every such action shall be brought by and In the names of the personal representatives of such deceased person, and the amount recovered In every such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and shall be distributed to such widow and next of kin In the proportions provided by law In relation to the distribution of personal property, left by persons dying intestate...
Page 175 - ... the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 166 - ... it is ordered, that the defendant [do stand absolutely debarred and foreclosed of and from all equity of redemption of, in and to the said mortgaged premises...
Page 173 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its part relating to the appraisal...
Page 438 - The judges of the Supreme Court of Errors and of the Superior Court shall, upon nomination of the Governor, be appointed by the General Assembly in such manner as shall by law be prescribed.
Page 175 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.