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action agent agreed agreement alleged allowed amount answer appears apply assignment attorney authority Bank bill brought cause charge cited claim common consideration considered Constitution contract corporation County court creditors damages death debt decision deed defendant delivered duty effect entitled equity error evidence execution existence express fact fraud give given ground hands held hold husband intent interest issue judge judgment jury Justice land liable limits March Mass matter means ment mortgage necessary notice opinion paid party passed payment person plaintiff possession present principle proof purchaser question railroad reason received record recover reference rendered rule statute sufficient suit Supreme Court taken tion trial trust United wife
Page 139 - The specific performance of contracts is not a matter of right, but rests in the sound discretion of the court.
Page 225 - the judgment of a state court should have the same credit, validity and effect in every other court in the United States, which it had in the state where it was pronounced, and that whatever pleas would be good to a suit thereon in such state, and none others, could be pleaded in any other court in the United States.
Page 31 - no such instrument in writing shall be valid except between the parties thereto, and such as have actual notice thereof, until the same shall be deposited with the register of deeds for record": Gen.
Page 8 - Columbia, the person so charged shall, at his own request, but not otherwise, be a competent witness. And his failure to make such request shall not create any presumption against him.
Page 265 - The parties to a contract may agree therein upon an amount which shall be presumed to be the amount of damage sustained by a breach thereof, when, from the nature of the case, it would be impracticable or extremely difficult to fix the actual damage.
Page 348 - Every citizen of the United States is also a citizen of a state or territory. He may be said to owe allegiance to two sovereigns, and may be liable to punishment for an infraction of the laws of either. The same act may be an offense or transgression of the laws of both.
Page 73 - This doctrine ought to be reasonably, and not unreasonably, understood and applied, and that whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorized, ought not, unless expressly prohibited, to be held, by judicial construction, to be ultra vires.
Page 151 - I give bequeath and dispose of as follows, to wit: to my beloved wife, Edith J. Dawson, I give and bequeath all my estate, real and personal, of which I may die seised, the same to remain and be hers, with full power, right and authority to dispose of the same, as to her shall seem meet and proper, so long as she shall remain my widow...
Page 132 - And in Co. Litt. 352 b., among r*og5 the rules laid down respecting estoppels, are these — " Secondly, that ^ "' every estoppel, because it concludeth a man to allege the truth, must be certain to every intent, and not to be taken by argument or inference.
Page 74 - We take the general doctrine to be in this country, though there may be exceptional cases and some authorities to the contrary, that the powers of corporations organized under legislative statutes are such and such only as those statutes confer. Conceding the rule applicable to all statutes, that what is fairly implied is as much granted as what is expressed, it remains that the charter of a corporation is the measure of its powers, and that the enumeration of these powers implies the exclusion of...