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 74
Page 68
... trial cannot be made to relate back to the date of the assignment , so as to make the set - off good . ACTION by Frank M. Maroney against William Manning , founded on a bill of exchange drawn by the defendant on Hill , Fontaine , & Co ...
... trial cannot be made to relate back to the date of the assignment , so as to make the set - off good . ACTION by Frank M. Maroney against William Manning , founded on a bill of exchange drawn by the defendant on Hill , Fontaine , & Co ...
Page 90
... trial court erred in receiving testimony of gen- eral notoriety . The witness Epperson showed himself to be an expert . He should have been allowed to give his opinion , and his reason for it , as to the merits or demerits of the ...
... trial court erred in receiving testimony of gen- eral notoriety . The witness Epperson showed himself to be an expert . He should have been allowed to give his opinion , and his reason for it , as to the merits or demerits of the ...
Page 157
... trial was had , and on August 2 , 1888 , the court made and signed written findings upon all the issues in favor of the plaintiffs , and especially found that " the aforesaid interests of the plaintiffs are all and each of them ...
... trial was had , and on August 2 , 1888 , the court made and signed written findings upon all the issues in favor of the plaintiffs , and especially found that " the aforesaid interests of the plaintiffs are all and each of them ...
Page 161
... trial was made and refused , as also a motion in arrest of judgment . From the two orders made upon the motions mentioned , and the judg- ment of conviction , the defendant has appealed . The jurisdiction of the trial court is assailed ...
... trial was made and refused , as also a motion in arrest of judgment . From the two orders made upon the motions mentioned , and the judg- ment of conviction , the defendant has appealed . The jurisdiction of the trial court is assailed ...
Page 198
... trial . We have nevertheless looked into all the other points discussed in the opening brief of appellants , and ... trials . They did not intend to use the words in that relation as synony- mous with proof beyond a reasonable doubt ...
... trial . We have nevertheless looked into all the other points discussed in the opening brief of appellants , and ... trials . They did not intend to use the words in that relation as synony- mous with proof beyond a reasonable doubt ...
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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...