The Southeastern Reporter, Volume 36West Publishing Company, 1900 - Law reports, digests, etc |
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Common terms and phrases
absent on account account of sickness action affirmed alleged amount Appeal from superior authority Bank bill of lading brings error carrier cause certiorari charge claim Code commissioners common carrier constitution contract contributory negligence corporation coun counsel Court of Georgia Court of North creditors damages debt deceased decree deed defendant in error defendant's demurrer duty entitled Error from superior evidence execution fact favor fee simple fendant filed Floyd county fraud heirs held intention intestate issue judge judgment jurisdiction jury land liable lien mandamus ment mortgage motion negligence North Carolina opinion paid parties payment person petition petitioner plain plaintiff in error possession purchase question Railroad Railroad Co reason record recover refused rule statute sued suit superior court Supreme Court Syllabus term testator testimony thereof tiff tion trial trustee verdict W. R. Co wife
Popular passages
Page 161 - The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
Page 272 - Having no absolute right of recognition in other states, but depending for such recognition and the enforcement of its contracts upon their assent, it follows as a matter of course that such assent may be granted upon such terms and conditions as those states may think proper to impose.
Page 139 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void.
Page 438 - No Judge of the Supreme or inferior courts shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within .such degrees as may be prescribed by law, or in which he may have been of counsel, or in which he may have presided in any inferior court, except by consent of all the parties.
Page 440 - Action the Jury may give such Damages as they may think proportioned to the injury resulting from such Death to the Parties respectively for whom and for whose Benefit such Action shall be brought...
Page 136 - So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Page 272 - It exists only in contemplation of law and by force of the law; and where that law ceases to operate, and is no longer obligatory, the corporation can have no existence. It must dwell in the place of its creation, and cannot migrate to another sovereignty.
Page 84 - That when any bankrupt shall have any insurance policy which has a cash surrender value payable to himself, his estate, or personal representatives, he may, within thirty days after the cash surrender value has been ascertained and stated to the trustee by the company issuing the same, pay or secure to the trustee the sum so ascertained and stated, and continue to hold, own, and carry such policy free from the claims of the creditors participating in the distribution of his estate under the bankruptcy...
Page 139 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Page 161 - All moneys, stocks, bonds and other property belonging to a county school fund; also, the net proceeds from the sale of estrays; also, the clear proceeds of all penalties and forfeitures, and of all fines collected...