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action adverse possession alleged amendment amount answer appeal apply assignment attorney authority bank Black Black river brief cause charge circuit court cited claim clearly complaint condition constitution construction contract counsel damages debt deed defect defendant determine direct duty effect entitled error evidence execution fact favor garnishee give given ground held hold injury instruction intent interest issue judge judgment jury land learned liable limited matter meaning mortgage necessary negligence notice objection opinion owner paid parties payment person plaintiff possession proceedings proof proper provision purchase question Railroad Railway reason received record recover respondent reversed river rule sold statute submitted sufficient taken thereof tion town train trial verdict wife
Page 333 - ... then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe...
Page 627 - 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 378 - Every subject of the Commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character. He ought to obtain right and justice freely, and without being obliged to purchase it; completely, and without any denial; promptly, and without delay ; conformably to the laws.
Page 360 - In the nature of things, there is in every transaction a succession of events, more or less dependent upon those preceding, and it is the province of a jury to look at this succession of events or facts, and ascertain whether they are naturally and probably connected with each other by a continuous sequence, or are dissevered by new and independent agencies, and this must be determined in view of the circumstances existing at the time.
Page 374 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 626 - 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...
Page 372 - it extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the State.
Page 372 - persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State ; of the perfect right of the Legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
Page 169 - Idaho, and shall possess all the powers necessary or convenient to accomplish the objects and perform the duties prescribed by law, and shall have the custody of the books, records, buildings and other property of said university.