The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 60Abraham Clark Freeman Bancroft-Whitney Company, 1898 - Law reports, digests, etc |
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Common terms and phrases
adverse possession affirmed agreement alleged amount appellant appellee applied appropriation assignment authority Bank bill bona fide purchaser cause of action charge claim common law complaint consideration constitution contract corporation court court of equity creditors damages debt debtor decree defendant demurrer ditch dollars duty employé entitled equity error evidence execution fact filed fraud held indictment indorsed injury insolvent intention judge judgment jurisdiction land liability lien marriage ment Minn monographic note mortgage motion negligence Ohio St opinion owner parties payment person plaintiff plaintiff in error possession principal proceedings prosecution purchase purpose question railroad railway reason recover rule statute statute of frauds statute of limitations stockholders struck jury suit surety testator thereof tion trial trust vacate judgments vacating valid violation void wife
Popular passages
Page 612 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public, generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals. The legislature may not, under the guise of protecting the public interests, arbitrarily interfere with private business, or impose unusual...
Page 794 - All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section.
Page 878 - Parties or assignors of parties to an action or proceeding, or persons in whose behalf an action or proceeding is prosecuted, against an executor or administrator upon a claim, or demand against the estate of a deceased person, as to any matter of fact occurring before the death of such deceased person.
Page 126 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 670 - no suit, either at law or in equity, shall be maintainable in any court between an assignee in bankruptcy and a person claiming an adverse interest, touching any property or rights of property transferable to or vested in *such assignee, unless brought within two years from the time when the cause of action accrued for or against such assignee.
Page 695 - All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same whenever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the General Assembly.
Page 252 - Every one has a right to enjoy the fruits and advantages of his own enterprise, industry, skill, and credit. He has no right to be protected against competition; but he has a right to be free from malicious and wanton interference, disturbance, or annoyance.
Page 767 - Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public •exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public...
Page 875 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child, unless it appears that such omission was intentional, such child, or the issue of such child, must have the same share in the estate of the testator as if he had died intestate, and succeeds thereto as provided in the preceding section.
Page 467 - Each stockholder in any corporation (excepting those organized for the purpose of carrying on any kind of manufacturing or mechanical business) shall be liable to the amount of stock held or owned by him.