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 |
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Results 1-5 of 76
Page 23
... jury is erroneous . I doubt the pro- priety of such an instruction in any criminal case , whether it be of felony or misdemeanor . There can be but little of necessity for it , and it seems to me , the better practice is for the court ...
... jury is erroneous . I doubt the pro- priety of such an instruction in any criminal case , whether it be of felony or misdemeanor . There can be but little of necessity for it , and it seems to me , the better practice is for the court ...
Page 24
... jury can convict : See monographic note to Burt v . State , 48 Am . St. Rep . 577 , on reasonable doubt . BRADFORD V. STATE . [ 104 ALABAMA , 68. ] CRIME AGAINST NATURE — ATTEMPT - INDICTMENT . - An indictment charging that the ...
... jury can convict : See monographic note to Burt v . State , 48 Am . St. Rep . 577 , on reasonable doubt . BRADFORD V. STATE . [ 104 ALABAMA , 68. ] CRIME AGAINST NATURE — ATTEMPT - INDICTMENT . - An indictment charging that the ...
Page 25
... jury . The defendant moved the court to set aside the verdict of guilty , on the ground , among others , that the jury did not deliver their ver- dict to the clerk of the court , but to some person not authorized by law to receive it ...
... jury . The defendant moved the court to set aside the verdict of guilty , on the ground , among others , that the jury did not deliver their ver- dict to the clerk of the court , but to some person not authorized by law to receive it ...
Page 26
... jury and bailiff will not be repeated . In the face of an agreement that the jury might 71 deliver their verdict sealed to the clerk of the court , if found during the recess or adjourn- ment , they delivered it to the person who was ...
... jury and bailiff will not be repeated . In the face of an agreement that the jury might 71 deliver their verdict sealed to the clerk of the court , if found during the recess or adjourn- ment , they delivered it to the person who was ...
Page 38
... jury , re- quested the court to charge that , " If the jury believe the evi- dence , they will find the issue in favor of the plaintiff . " The court refused to give this charge , and the plaintiff excepted . This was the only error ...
... jury , re- quested the court to charge that , " If the jury believe the evi- dence , they will find the issue in favor of the plaintiff . " The court refused to give this charge , and the plaintiff excepted . This was the only error ...
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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.