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 124Abraham Clark Freeman Bancroft-Whitney Company, 1909 - Law reports, digests, etc |
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Common terms and phrases
action adverse possession affirmed agent agreement alleged appellant appellee authority averment bank carrier cause cause of action charge claim cohabitation common carrier common-law common-law marriage Commonwealth constitution contract corporation court of equity courts will take damages death deceased deed defendant defendant's demurrer dollars duty employés entitled equity error estopped estoppel evidence execution fact held indictment injury Iowa issue judge judgment jurisdiction jury Klipfel land Law Rep liable lien marriage ment Minn N. J. Eq N. Y. Supp negligence nuisance oath owner parties perjury person petition plaintiff plaintiff in error premises proceedings purchase question railroad company reason recover rule setoff South statute statute of limitations street suit take judicial notice testified testimony thereof tion trial valid void votes
Popular passages
Page 147 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 682 - No indictment is insufficient nor can the trial, judgment, or other proceedings thereon be affected, by reason of an imperfection in matter of form, which does not tend to the prejudice of the substantial rights of the defendant, upon the merits.
Page 262 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 170 - This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if the interest of the insured be other than unconditional and sole ownership ; or if the subject of insurance be a building on ground not owned by the insured in fee simple ; or if the subject of insurance be personal property and be or become encumbered by a chattel mortgage...
Page 284 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 443 - The trustee of the estate of a bankrupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appointment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bankrupt...
Page 649 - ... Any corporation may purchase, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the shares of the capital stock of, or any bonds, securities or evidences of indebtedness created by any other corporation or corporations of this or any other state, and while owner of such stock may exercise all the rights, powers and privileges of ownership, including the right to vote thereon.
Page 545 - In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be, what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted; that is to say, what is it worth from its availability for valuable uses.
Page 941 - I think the third is but an instance of the second, for one who makes a statement under such circumstances can have no real belief in the truth of what he states. To prevent a false statement being fraudulent there must, I think, always be an honest belief in its truth. And this probably covers the whole ground, for one who knowingly alleges that which is false has obviously no such honest belief.
Page 284 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves...