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 125Abraham Clark Freeman Bancroft-Whitney Company, 1909 - Law reports, digests, etc |
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Common terms and phrases
admissible adverse possession alleged amount appellant applied attorney authority Bank bona fide purchaser breach carrier cause of action claim common carrier constitution contract contributory negligence corporation covenant of seisin damages death deceased decree deed defendant defendant's divorce dollars duty easement entitled evidence exercise fact fendant fraud granted held injury Iowa issue judgment jurisdiction jury land liable mandamus Mass ment Minn mortgage N. Y. Supp negligence negotiable negotiable instrument notice Ohio St opinion owner paid parties passenger payment person plaintiff plaintiff in error possession proceedings promissory note purchaser purpose question quo warranto railroad reason recover refused respondent rule statute statute of frauds statute of limitations street sustained testator thereof tion valid verdict void wife writ
Popular passages
Page 970 - In a suit to quiet title to land the plaintiff must recover upon the strength of his own title and not upon the weakness of his adversary's.
Page 880 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 680 - ... when the party by his own contract creates a duty or charge upon himself, he is bound to make it good, if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract.
Page 766 - ... or by another will or codicil executed in manner hereinbefore required, or by some writing declaring an intention to revoke the same, and executed in the manner in which a will is hereinbefore required to be executed, or by the burning, tearing, or otherwise destroying the same by the testator, or by some person in his presence and by his direction, with the intention of revoking the same.
Page 153 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 502 - It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done that the propriety or impropriety of issuing a mandamus, is to be determined.
Page 592 - This is an appeal from an order sustaining a demurrer to the complaint on the ground that it does not state a cause of action.
Page 418 - ... the expense incurred by the Owner in finishing the work, such excess shall be paid by the Owner to the Contractor ; but if such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the Owner . The expense incurred by the Owner as herein provided, either for furnishing materials or for finishing the work, and any damage incurred through such default, shall be audited and certified by the Architects, whose certificate thereof shall be conclusive upon the parties.
Page 418 - Should the Contractor at any time refuse or neglect to supply a sufficiency of properly skilled workmen, or of materials of the proper quality, or fail in any respect to prosecute the work wIth promptness and diligence, or fail in the performance of any of the agreements herein contained, such refusal, neglect or failure being certified by the Architects, the Owner shall be at liberty, after three days...
Page 394 - ... and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized.