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 45Bancroft-Whitney Company, 1895 |
From inside the book
Results 1-5 of 79
Page 27
... decree appealed from , or the modification sought for by the appeal . " This case has been often referred to with approbation since , and indeed it would be difficult to reach any other conclu- sion . 2. It is contended by the ...
... decree appealed from , or the modification sought for by the appeal . " This case has been often referred to with approbation since , and indeed it would be difficult to reach any other conclu- sion . 2. It is contended by the ...
Page 46
... decree upon final judgment ; while the defendant , Bronner , administrator of the estate of John McNeill , deceased , answered , but failed to appear at the trial . Respondent Adams ' claims are fairly illustrated and de- pendent 46 ...
... decree upon final judgment ; while the defendant , Bronner , administrator of the estate of John McNeill , deceased , answered , but failed to appear at the trial . Respondent Adams ' claims are fairly illustrated and de- pendent 46 ...
Page 83
... decree annulling the marriage : Matter of Peterson , 3 Paige , 510 ; joining in a conspiracy to cheat and defraud tradesmen , including among its overt acts the collusive signing of judgments and issuing writs of execution thereon : In ...
... decree annulling the marriage : Matter of Peterson , 3 Paige , 510 ; joining in a conspiracy to cheat and defraud tradesmen , including among its overt acts the collusive signing of judgments and issuing writs of execution thereon : In ...
Page 138
... decree of the circuit court and the judgment of the appellate court have found them liable to pay about $ 20,000 of the sum of $ 22,500 toward the discharge of the judgments of appellees , upon the theory that the latter amount ...
... decree of the circuit court and the judgment of the appellate court have found them liable to pay about $ 20,000 of the sum of $ 22,500 toward the discharge of the judgments of appellees , upon the theory that the latter amount ...
Page 140
... decree was erroneous in assessing the entire amount of the claims of appellees against appel- lants , and assessing nothing against Coleman and Post . We understand counsel to abandon this objection so far as Reed is concerned ; Reed ...
... decree was erroneous in assessing the entire amount of the claims of appellees against appel- lants , and assessing nothing against Coleman and Post . We understand counsel to abandon this objection so far as Reed is concerned ; Reed ...
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Common terms and phrases
action administrator affirmed agent alleged amount appellant appellee assignment attorney attorney at law authority Bank beneficiary benefit bill bona fide purchaser cause cited claim Clifton Hill common law consignee consignment constitution contract corporation court of equity creditors damages debt debtor decree deed defendant defendant's disbarment dollars duty enforce entitled error evidence execution executor fact favor fee simple fraud Heinlein held homestead husband injury insolvent Iowa issued judge judgment jurisdiction jury justice land liable lien ment mortgage negligence notice officers opinion owner paid partnership party payment person plaintiff principle proceedings purchase purpose question R. R. Co railroad real estate reason received recover reinsurance rule rule in Shelley's statute stockholders suit testator thereof tion trial trust valid verdict void wife witness
Popular passages
Page 253 - Every act shall embrace but one subject and matters properly connected therewith ; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Page 332 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 715 - If the thing wanting, or which failed to be done, and which constitutes the defect in the proceedings, is something the necessity for which the legislature might have dispensed with by prior statute, then it is not beyond the power of the legislature to dispense with it by subsequent statute. And if the irregularity consists in doing some act, or in the mode or manner of doing some act which the legislature might have made immaterial by prior law, it is equally competent to make the same immaterial...
Page 286 - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully, to all intents and purposes, as I might or could do if personally present...
Page 243 - Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under the circumstances of the situation, or doing what such a person under the existing circumstances would not have done.
Page 65 - I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged; I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any man's cause for lucre or malice. So HELP ME GOD.
Page 96 - Any city having a population of more than one hundred thousand inhabitants, may frame a charter for its own government, consistent with and subject to the constitution and laws of this state...
Page 250 - No county, city, township, school district or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness.
Page 828 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Page 284 - ... 1. Actual annexation to the realty, or something appurtenant thereto. 2. Appropriation to the use or purpose of that part of the realty with which it is connected. 3. The intention of the party making the annexation, to make the article a permanent accession to the freehold...