The Southwestern Reporter, Volume 48West Publishing Company, 1899 - Law reports, digests, etc |
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Common terms and phrases
acres action adverse possession Affirmed orally agent alleged amount appellant appellee assignment of error averred bank Blount county bond Brewster county cattle cause certificate chancellor Chancery Appeals chancery court charge Chattanooga circuit court claim Cocke county complainant contract conveyance conveyed corporation Court of Chancery creditors debt deceased decree deed of trust defendant defendant's demurrer entitled entry evidence executed fact fendant filed further grant Hamilton county heirs held homestead husband interest issue Jernigan Judge judgment jury Knox county liable lien matter McNabb Coal ment mortgage opinion orally by supreme owner paid parties payment person petition plainant plaintiff pleadings possession proof purchase question railroad record recover Red River county Smith sold statute Stockell suit supreme court Tarrant county Tenn Tennessee testified testimony thereof tion trial vendor wife witness
Popular passages
Page 308 - Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a rational doubt. One branch of the government cannot encroach on the domain of another without danger. The safety of our institutions depends in no small degree on a strict observance of this salutary rule.
Page 238 - Equity regards the property of a corporation as held in trust for the payment of the debts of the corporation, and recognizes the right of creditors to pursue it into whosoever possession it may be transferred, unless it has passed into the hands of a bona fide purchaser...
Page 425 - Property does become clothed with a public interest when used in a manner to make it of public consequence and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 88 - On the trial in the circuit court, the jury returned the following verdict: "We, the Jury, find for the plaintiff, against Hicks, in the sum of seventy dollars, and lien not sustained.
Page 421 - ... every other like company, corporation or association, also every other corporation, company or association having or exercising any special or exclusive privilege or franchise not allowed by law to natural persons, or performing any public service, shall, in addition to the other taxes imposed on it by law, annually pay a tax on its franchise to the State, and a local tax thereon to the county, incorporated city, town and taxing district, where its franchise may be exercised.
Page 39 - Every personal action, for which no limitation is otherwise prescribed, shall be brought within five years next after the right to bring the same shall have accrued...
Page 83 - Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness, or otherwise, of the writing in dispute.
Page 423 - Franchise and liberty are used as synonymous terms, and their definition is a royal privilege or branch of the king's prerogative, subsisting in the hands of a subject.
Page 409 - ... no law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only ; but so much thereof as is revived, amended, extended, or conferred shall be re-enacted and published at length...
Page 430 - The other is where a violent or malicious act is done to a man's occupation, profession, or way of getting a livelihood ; there an action lies in all cases.