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 14Abraham Clark Freeman Bancroft-Whitney Company, 1890 - Law reports, digests, etc |
Contents
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Common terms and phrases
action adverse possession affirmed agent alleged appellant appellee applied arrest assignment assumpsit attachment authority Bank cause charge circumstances cited claim constitution contract contributory negligence conveyance corporation court court of equity creditors crossing damages death debt deceased declaration decree deed defendant defendant's dollars Dunkin duty easement entitled equity evidence execution fact felony fendant fraud fraudulent given heirs held indorsed injury instruction intent Iowa issue judge judgment jury land liable lien manslaughter ment mortgage N. J. Eq negligence notice opinion owner paid parties payment person plaintiff plaintiff in error possession proceedings purchaser question R. R. Co R'y Co reason received recover remainderman replevin rule Shriner statute statute of limitations street sufficient suit tenant testator testimony thereof tion track train trial trust usury verdict void wife witness
Popular passages
Page 295 - In all the cases enumerated in the preceding section, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the State.
Page 670 - That there shall be no establishment of any one religious sect in this province in preference to another ; and that no protestant inhabitant of this colony shall be denied the enjoyment of any civil right, merely on account of his religious principles...
Page 758 - Payment of any Debt or Debts), shall be thereby given or made, such Devise, Legacy, Estate, Interest, Gift, or Appointment shall, so far only as concerns such Person attesting 'the Execution of such Will, or the Wife or Husband of such Person, or any Person claiming under such Person or Wife or Husband, be utterly null and void...
Page 360 - ... estate of freehold, legally or equitably, under a deed, will, or other writing, and in the same instrument there is a limitation by way of remainder, either with or without the interposition of another estate, of an interest of the same legal or equitable quality, to his heirs, or heirs of his body, as a class of persons to take in succession, from generation to generation, the limitation to the heirs entitles the ancestor to the whole estate.
Page 119 - So, if an estate be given to a person generally, or indefinitely, with a power of disposition, it carries a fee ; unless the testator gives to the first taker an estate for life only, and annexes to it a power of disposition of the reversion. In that case, the express limitation for life will control the operation of the power, and prevent it from enlarging the estate to a fee.
Page 346 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it ; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 669 - ... should have like access to the courts of the country for the protection of their persons and property, the prevention and redress of wrongs, and the enforcement of contracts ; that no impediment should be interposed to the pursuits of any one except as applied to the same pursuits by others under like circumstances...
Page 345 - ... he keeps the contract alive for the benefit of the other party as well as his own; he remains subject to all his own obligations and liabilities under it, and enables the other party, not only to complete the contract, if so advised, notwithstanding his previous repudiation of it, but also to take advantage of any supervening circumstance which would justify him in declining to complete it.
Page 350 - ... to allege that the defendant did the act with intent to defraud, without alleging the intent of the defendant to be to defraud any particular person ; and on the trial of...
Page 88 - This view of the case renders it unnecessary to consider the other questions raised...