The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 27Bancroft-Whitney, 1879 - Law reports, digests, etc |
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Results 1-5 of 77
Page 7
... affirmed . All concur . Judgment affirmed . SPALDING V. Rosa . ( 71 N. Y. 40. ) Contract for services - excuse for non - performance - illness . The defendants agreed with the plaintiffs , proprietors of a theater , to furnish the ...
... affirmed . All concur . Judgment affirmed . SPALDING V. Rosa . ( 71 N. Y. 40. ) Contract for services - excuse for non - performance - illness . The defendants agreed with the plaintiffs , proprietors of a theater , to furnish the ...
Page 8
... affirmed at General Term , and the plain- tiffs appealed . P. Cantine , for appellants . The sickness of Wachtel did not ex- cuse the breach . Williams v . Vanderbilt , 28 N. Y. 218 ; White v . Mann , 26 Me . 361 ; Chapman v . Dalton ...
... affirmed at General Term , and the plain- tiffs appealed . P. Cantine , for appellants . The sickness of Wachtel did not ex- cuse the breach . Williams v . Vanderbilt , 28 N. Y. 218 ; White v . Mann , 26 Me . 361 ; Chapman v . Dalton ...
Page 10
... affirmed . All concur , except FOLGER , J. , absent . Judgment affirmed . WARD V. ATLANTIC AND PACIFIC TELEGRAPH Co. ( 71 N. Y. 81. ) Telegraph company liability for injury by breaking of pole . - A telegraph company , having a right to ...
... affirmed . All concur , except FOLGER , J. , absent . Judgment affirmed . WARD V. ATLANTIC AND PACIFIC TELEGRAPH Co. ( 71 N. Y. 81. ) Telegraph company liability for injury by breaking of pole . - A telegraph company , having a right to ...
Page 11
... affirmed , and defendant ap- pealed . Everett P. Wheeler , for appellant . Wm . W. Goodrich , for respondent . Defendant was bound to put up its poles so as to withstand such storms as are liable to occur in this climate . Miller v . St ...
... affirmed , and defendant ap- pealed . Everett P. Wheeler , for appellant . Wm . W. Goodrich , for respondent . Defendant was bound to put up its poles so as to withstand such storms as are liable to occur in this climate . Miller v . St ...
Page 26
... affirmed , with costs . All concur , except RAPALLO , J. , absent . Judgment affirmed . NOTE BY THE REPORTER . - The duty of courts to exercise a vigilant scrutiny of marriage settlements whenever fraud is alleged has been asserted in ...
... affirmed , with costs . All concur , except RAPALLO , J. , absent . Judgment affirmed . NOTE BY THE REPORTER . - The duty of courts to exercise a vigilant scrutiny of marriage settlements whenever fraud is alleged has been asserted in ...
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action affirmed agent agreement alleged appear applied assignment attorney authority bank Barb Barnesville Bristol cabbage burglary cause cause of action champerty charge cited claim Coffey county common law Constitution contract corporation counsel court court of equity coverture creditor criminal damages debt decision declaration deed defendant in error defendant's delivered demurrer denied discharge doctrine dwelling-house equity estoppel evidence execution exempt fact habeas corpus held husband impeached indictment indorser injury intention judge jurisdiction jury Kans land legislature liable lien marriage ment negligence notice Ohio St opinion owner P. F. Smith paid parties partners partnership payee payment Penn person plaintiff in error premium principle provision purchase purpose question reason recover rule seed sheriff's deed statute statute of frauds supra surety sustained taxation tion trial valid void warranty Wend wife
Popular passages
Page 728 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Page 520 - ... whensoever 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 616 - But when, as in the case before us, these consequences are so serious, so far-reaching and pervading, so great a departure from the structure and spirit of our institutions ; when the effect is to fetter and degrade the State governments by subjecting them to the control of Congress, in the exercise of powers heretofore universally conceded to them of the most ordinary and fundamental character; when in fact it radically changes the whole theory of the relations of the State and Federal governments...
Page 607 - all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Page 615 - subject to its jurisdiction" was intended to exclude from its operation children of ministers, consuls, and citizens or subjects of foreign States born within the United States.
Page 127 - In all criminal prosecutions for libel the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true and was published with good motives and for justifiable ends, the party shall be acquitted.
Page 617 - We doubt very much whether any action of a State not directed, by way of discrimination, against the negroes as a class, or on account of their race, will ever be held to come within the purview of this provision.
Page 312 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 680 - Trial by jury shall be as heretofore, and the right thereof remain inviolate.
Page 342 - The Governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.