The American and English Encyclopedia of Law, Volume 1 (Google eBook)

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John Houston Merrill, Charles Frederic Williams, Thomas Johnson Michie, David Shephard Garland
E. Thompson, 1887 - Law
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Page 162 - 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.
Page 44 - Dec. 581, an applicant for insurance had described the property in a written application as " his house," and it was so described in the policy. The policy contained the condition: "If the interest in the property to be insured is not absolute, it must be so represented to the company, and expressed in the policy in writing; otherwise the insurance shall be void.
Page 38 - Legislature, by this proviso, sanctions a presumption that a person who has not been heard of for seven years is dead; but...
Page 535 - ... it may arise when the will contains a misdescription of the object or subject; as where there is no such person or thing in existence, or, if in existence, the person is not the one intended, or the thing does not belong to the testator.
Page 83 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there, anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Page 319 - When no rate is fixed by the laws of the state or territory or district, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.
Page 186 - actual possession' is meant a subjection to the will and dominion of the claimant, and is usually evidenced by occupation, by a substantial inclosure, by cultivation, or by appropriate use, according to the particular locality and quality of the property.
Page 313 - ... over and above all counter-claims known to him. 2. That the defendant is either a foreign corporation or not a resident of the state; or, if...
Page 276 - Any instrument having a grantor and a grantee, and containing a description of the lands intended to be conveyed, and apt words for their conveyance, gives color of title to the lands described.
Page 121 - Between merchants at home, an account, which has been presented, and no objection made thereto after the lapse of several posts, is treated, under ordinary circumstances, as being, by acquiescence, a stated account.

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