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 53Abraham Clark Freeman Bancroft-Whitney Company, 1897 - Law reports, digests, etc |
From inside the book
Results 1-5 of 60
Page 55
... assignment ; for the plain reason that otherwise his rights of property could be divested 340 without his consent , and the fraud or laches of the grantor could work a forfeiture of estates he had created by the most solemn conveyances ...
... assignment ; for the plain reason that otherwise his rights of property could be divested 340 without his consent , and the fraud or laches of the grantor could work a forfeiture of estates he had created by the most solemn conveyances ...
Page 65
... assignment of its property , includ- ing the trust land mentioned , to D. H. Sumner , for the purpose of securing ... assignment , to the defendants Webb and Tompkins . The company and Ry- land Randolph , Sr. , were both insolvent . The ...
... assignment of its property , includ- ing the trust land mentioned , to D. H. Sumner , for the purpose of securing ... assignment , to the defendants Webb and Tompkins . The company and Ry- land Randolph , Sr. , were both insolvent . The ...
Page 69
... assignment by the company , acquired no greater rights than the company had , and Webb and Tompkins , the purchasers at the assignee's sale , with notice of all the facts , acquired no greater rights than had been conferred by the deed ...
... assignment by the company , acquired no greater rights than the company had , and Webb and Tompkins , the purchasers at the assignee's sale , with notice of all the facts , acquired no greater rights than had been conferred by the deed ...
Page 78
... assignments of error which arise upon the pleadings are to the ruling of the court , overruling plaintiff's demurrer to two pleas filed on the 9th of October , 1893. These two pleas were intended to answer the counts of the complaint ...
... assignments of error which arise upon the pleadings are to the ruling of the court , overruling plaintiff's demurrer to two pleas filed on the 9th of October , 1893. These two pleas were intended to answer the counts of the complaint ...
Page 96
... assignments of error in both appeals , are based upon charges given and refused . We deem it unnecessary to mention them in detail , as the principles of law governing the case have been plainly stated . There was error in the instruc ...
... assignments of error in both appeals , are based upon charges given and refused . We deem it unnecessary to mention them in detail , as the principles of law governing the case have been plainly stated . There was error in the instruc ...
Other editions - View all
Common terms and phrases
action adverse possession agent alleged appellant appellee application assessment attorney authority averment bank bills of lading breach cause cause of action charge claim complainant constitution construction contract contributory negligence conveyance corporation corpus delicti court court of equity covenant creditor damages debt debtor deed defendant delivered delivery demurrer dollars duty entitled equity error evidence execution exercise extended note fact fendant fraud grant grantor held indorsement injury issued judgment jurisdiction jury land legislature liable lien mechanic's lien ment mortgage municipal corporation negligence notice Ohio St opinion owner paid parties payment person plaintiff plaintiff in error possession proceedings purchaser purpose question R. R. Co railway reason received recover rule service of process statute street sufficient suit surety sustained thereof tion trial trust valid verdict witness
Popular passages
Page 133 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 912 - 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 847 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof, or if the interest of the insured in the property be not truly stated herein." "This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void * * if the interest of the insured be other than unconditional and sole ownership or if the subject of insurance be a building...
Page 161 - Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press.
Page 234 - It is very true that a corporation can have no legal existence out of the boundaries of the sovereignty by which it is created. It exists only in contemplation of law, and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 912 - ... circumstances so known and communicated. But, on the other hand, if these special circumstances were wholly unknown to the party breaking the contract, he, at the most, could only be supposed to have had in his contemplation the amount of injury which would arise generally, and in the great multitude of cases not affected by any special circumstances, from such a breach of contract.
Page 72 - CD, of the city aforesaid, merchant, my true and lawful attorney, for me, and in my name, and for my use to ask, demand...
Page 559 - ... to agree upon the manner, and upon the terms and conditions upon which the same may be used or occupied...
Page 328 - The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make, its own action depend.
Page 233 - It must dwell in the place of its creation, and cannot migrate to another sovereignty. But although it must live and have its being in that state only, yet it does not by any means follow that its existence there will not be recognized in other places ; and its residence in one state creates no insuperable objection to its power of contracting in another.