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 30Abraham Clark Freeman Bancroft-Whitney Company, 1893 - Law reports, digests, etc |
From inside the book
Results 1-5 of 86
Page 25
... appears to be well settled , that in the absence of the element of damages resting on a breach of contract in force at the time between the parties , and in the absence of any actual injury to the person , reputation , or estate of the ...
... appears to be well settled , that in the absence of the element of damages resting on a breach of contract in force at the time between the parties , and in the absence of any actual injury to the person , reputation , or estate of the ...
Page 29
... appears that all the evidence of such witnesses was material . JURY TRIAL - WITNESSES , PREPONDERANCE OF . — Instruction that the jury are not to be controlled by the mere numerical preponderance of wit- nesses on one side or the other ...
... appears that all the evidence of such witnesses was material . JURY TRIAL - WITNESSES , PREPONDERANCE OF . — Instruction that the jury are not to be controlled by the mere numerical preponderance of wit- nesses on one side or the other ...
Page 30
... to get to Chattanooga , and relied upon persuading the conductor to transport him in violation of the rules of the company . He appears to have so continued to rely upon his powers 30 ALABAMA ETC. R. R. Co. v . FRAZIER . [ Alabana ,
... to get to Chattanooga , and relied upon persuading the conductor to transport him in violation of the rules of the company . He appears to have so continued to rely upon his powers 30 ALABAMA ETC. R. R. Co. v . FRAZIER . [ Alabana ,
Page 31
... appears to have so continued to rely upon his powers of per- suasion as not to have availed himself of an opportunity to alight while the train was stationary , even after both the brakeman and the conductor had assured him he must do ...
... appears to have so continued to rely upon his powers of per- suasion as not to have availed himself of an opportunity to alight while the train was stationary , even after both the brakeman and the conductor had assured him he must do ...
Page 36
... appears to have been subsequently filed , and is the third in fact of the pleas which were in the case through the trial , though it is numbered 4 in this record . This is a plea in confession and avoidance , in effect . Without denying ...
... appears to have been subsequently filed , and is the third in fact of the pleas which were in the case through the trial , though it is numbered 4 in this record . This is a plea in confession and avoidance , in effect . Without denying ...
Contents
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893 | |
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Common terms and phrases
action affirmed agent Alabama alleged appellant appellee authority bank bill bill of lading bonds carrier certificate charge claim common carrier complainant condition consignee constitution contract contributory negligence court court of equity creditors damages debtor declared deed defect defendant defendant's demurrage discharge dollars duty election entitled equity error evidence execution exemption exercise fact fire fraud grade held indorsed injury issue judgment jury land liable lien malicious MALICIOUS PROSECUTION ment mortgage municipal corporation negligence notice officer opinion owner paid parties payment performance person plaintiff plaintiff in error principle proof prosecution purchaser purpose question R. R. Co R'y Co railroad company railway reason recover refused rule signed statute street suit surety sustained testimony thereof tion track trial trust usurious valid void Western Union witness
Popular passages
Page 638 - It is a maxim not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the .case, they may be respected, but ought not to control the judgment in a subsequent suit when the very point is presented for decision.
Page 215 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers, and no others: First, those granted in express words ; second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable.
Page 809 - ... in public works, which may be judged of most general utility to the inhabitants, such as fortifications, bridges, aqueducts, public buildings, baths, pavements, or whatever may make living in the town more convenient to its people, and render it more agreeable to strangers resorting thither for health or a temporary residence.
Page 83 - Probable cause" has been defined as a reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person accused is guilty of the offense with which he is charged.
Page 880 - 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 484 - A husband cannot be examined for or against his wife without her consent ; nor a wife for or against her husband, without his consent ; nor can either, during the marriage or afterward, be, without the consent of the other, examined as to any communication made by one to the other during the marriage...
Page 529 - Takings at Sea, Arrests, Restraints and Detainments of all Kings, Princes, and People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes, that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any Part thereof...
Page 507 - Arbor, and it is hereby certified and recited that all acts, conditions and things required by law to be done, precedent to and in the issuance of this bond and the series of bonds of which this is one, exist and have been done and performed in regular and due form and time as required by law...
Page 832 - Municipal and other corporations and Individuals invested with the privilege of taking private property for public use shall make just compensation for property taken, injured or destroyed by the construction or enlargement of their works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction.
Page 808 - ... records respecting the business and concerns of this institution : and as these loans are intended to assist young married artificers in setting up their business, they are to be proportioned by the discretion of the managers, so as not to exceed sixty pounds sterling to one person, nor to be less than fifteen pounds. And if the number of ap'pliers so entitled should be so large as that the sum will not suffice to afford to each as...