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 42
Page 47
... complainant seeks to obtain by a bill for specific performance , is not essential to sustain the jurisdiction of the court to award the relief prayed for . SPECIFIC PERFORMANCE , — A VENDEE OF ONE WHO HAS AGREED TO SELL OR CONVEY REAL ...
... complainant seeks to obtain by a bill for specific performance , is not essential to sustain the jurisdiction of the court to award the relief prayed for . SPECIFIC PERFORMANCE , — A VENDEE OF ONE WHO HAS AGREED TO SELL OR CONVEY REAL ...
Page 48
... complainant of his right to file a bill to remove a cloud from title , but the equity of the bill does not depend upon that principle . The com- plainants , holding the equitable title , bring their bill to com- pel a conveyance of the ...
... complainant of his right to file a bill to remove a cloud from title , but the equity of the bill does not depend upon that principle . The com- plainants , holding the equitable title , bring their bill to com- pel a conveyance of the ...
Page 82
... complainant cannot be required to act with the same impar- tiality and absence of prejudice in drawing his conclusions as to the guilt of the accused that a person entirely disinterested would deliberately do . " W. C. Ward , for the ...
... complainant cannot be required to act with the same impar- tiality and absence of prejudice in drawing his conclusions as to the guilt of the accused that a person entirely disinterested would deliberately do . " W. C. Ward , for the ...
Page 348
... complainant , can- not exonerate him from responsibility as would the advice of a counselor of law under the same circumstances . Wiswell , King , and Peters , for the plaintiff 348 [ Mame , FINN ERINK . Malicious prosec'n... 84 Me 261 ...
... complainant , can- not exonerate him from responsibility as would the advice of a counselor of law under the same circumstances . Wiswell , King , and Peters , for the plaintiff 348 [ Mame , FINN ERINK . Malicious prosec'n... 84 Me 261 ...
Page 349
... complainant through the United States mail , as he affirms , for the purpose of blackmail , against the peace of the state , and contrary to the form of the statute in such case made and provided . " The case was tried before Trial ...
... complainant through the United States mail , as he affirms , for the purpose of blackmail , against the peace of the state , and contrary to the form of the statute in such case made and provided . " The case was tried before Trial ...
Contents
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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 complained 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 640 - 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 811 - ... 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 882 - 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 486 - 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 531 - 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 509 - 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 834 - 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 810 - ... 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...