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 26
Abraham Clark Freeman
Bancroft-Whitney Company, 1892 - Law reports, digests, etc
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
action agent alleged amount answer appear appellant applied authority bank bonds brought cause charge circumstances claim condition consideration considered constitute construction continued contract corporation court creditors damages debts deed defendant delivered determine dollars duty effect entitled equity error evidence execution existence express fact filed follows give given ground held hold injury intent interest issue judge judgment jurisdiction jury land lease liable lien limitation loss Mass matter ment mortgage necessary negligence notice objection opinion owner paid parties passed payment person petition plaintiff possession present probable proceedings proper prosecution proved purchaser question railroad reasonable received record recover reference rendered rule servant statute sufficient suit sustained taken tion trial wife witness
Page 435 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 112 - 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 700 - ... no acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of the statute of limitations, unless the same be contained in some writing signed by the party to be charged thereby...
Page 884 - And the said records and judicial proceedings, so authenticated, shall have such faith and credit given to them in every court within the United States as they have by law or usage in the courts of the State from which they are taken.
Page 886 - Court, and in what respect he has been misled; and thereupon the Court may order the pleading to be amended, upon such terms as shall be just "Sec.
Page 665 - The power we allude to is rather the police power, the power vested in the legislature by the constitution, to make, ordain, and establish all manner of wholesome and reasonable laws, statutes, and ordinances, either with penalties or without, not repugnant to the constitution, as they shall judge to be for the good and welfare of the commonwealth, and of the subjects of the same.
Page 110 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Page 885 - No variance between the allegation in a pleading and the proof, is to be deemed material, unless it have actually misled the adverse party to his prejudice, in maintaining his action or defense upon the merits.