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 13Abraham Clark Freeman Bancroft-Whitney Company, 1890 |
From inside the book
Results 1-5 of 78
Page 36
... question are liable to the demand of the complainants is not raised by the demurrer . If any portion of the fund is liable , as we have held it is , the demurrer raising this question was prop- erly overruled . The decree of the ...
... question are liable to the demand of the complainants is not raised by the demurrer . If any portion of the fund is liable , as we have held it is , the demurrer raising this question was prop- erly overruled . The decree of the ...
Page 75
... question is , whether any presumption will arise from the lapse of twenty years , sufficient to perfect the title of defendants , in view of the incapacity of plaintiffs to sue at law . In considering this question , we shall regard the ...
... question is , whether any presumption will arise from the lapse of twenty years , sufficient to perfect the title of defendants , in view of the incapacity of plaintiffs to sue at law . In considering this question , we shall regard the ...
Page 84
... question of duty and liability of a rail- road company , in respect to the use of appliances to warn employees when approaching a public road crossing spanned by a bridge overhead , is to be determined by utility , and the usage and ...
... question of duty and liability of a rail- road company , in respect to the use of appliances to warn employees when approaching a public road crossing spanned by a bridge overhead , is to be determined by utility , and the usage and ...
Page 86
... question was part and parcel of the public highway . The record affords evidence that on the trial be- low the question was considered , whether it was the duty of the defendant corporation " to blow the whistle or ring the bell at ...
... question was part and parcel of the public highway . The record affords evidence that on the trial be- low the question was considered , whether it was the duty of the defendant corporation " to blow the whistle or ring the bell at ...
Page 90
... question was erected or maintained by the railroad company . The twenty- eighth ground of demurrer ought to have been sustained . With this exception , each of the first six counts of the complaint is sufficient : South etc. R. R. Co. v ...
... question was erected or maintained by the railroad company . The twenty- eighth ground of demurrer ought to have been sustained . With this exception , each of the first six counts of the complaint is sufficient : South etc. R. R. Co. v ...
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Common terms and phrases
action agent agreement alleged appellant appellee appointment assignment attorney authority Bank bill bond cause charge cited claim common carrier common law complaint Concord company constitution contract contributory negligence conveyance court court of equity creditors damages debt declared deed defect defendant defendant's demurrer dollars duty entitled equity evidence execution fact fraud fraudulent garnishee ground held husband indictment injury instruction judge judgment jurisdiction jury land legislature liable libel mandamus ment mortgage MUNICIPAL CORPORATIONS negligence notice officers opinion owner parties payment person plaintiff in error possession premises principal proceedings purchase purpose question R. R. Co R'y Co railroad company reason record recover replevin rule service of process statute sufficient suit supra sustained testimony thereof tion trial valid verdict void wife witness writ
Popular passages
Page 502 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 126 - The powers of the government of the state of California shall be divided into three separate departments: the legislative, the executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted.
Page 126 - All other officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct.
Page 552 - ... of this company indorsed hereon, . . . then, and in every such case, this policy shall be void.
Page 172 - ... the possession of one tenant in common is the possession of all...
Page 202 - ... was made with the intent to hinder, delay, and defraud the creditors of said...
Page 717 - ... the plaintiff must recover upon the strength of his own title, and not upon the weakness of the title of the defendant.
Page 407 - That the proceeds of said lands, whether from sale or by direct appropriation in kind, shall be applied, exclusively, as far as necessary, to the purpose of reclaiming said lands by means of the levees and drains aforesaid.
Page 275 - A married woman, while the marriage relation subsists, may bargain, sell and convey her real and personal property and enter into any contract with reference to the same in the same manner, to the same extent and with like effect as a married man may in relation to his real and personal property.
Page 635 - Is it an interest in the subject on which the power is to be exercised, or is it an interest in that which is produced by the exercise of the power? We hold it to be clear that the interest which can protect a power after the death of a person who creates it, must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves would seem to import this meaning. "A power coupled with an interest...