The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volum 48
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The American Reports: Containing All Decisions of General Interest ..., Volum 2
Isaac Grant Thompson
Uten tilgangsbegrensning - 1871
The American Reports: Containing All Decisions of General Interest ..., Volum 6
Isaac Grant Thompson
Uten tilgangsbegrensning - 1872
The American Reports: Containing All Decisions of General Interest ..., Volum 49
Isaac Grant Thompson
Uten tilgangsbegrensning - 1885
action adverse possession agent alleged amount appellant appellee applied assignment authority Bank bill breach cause charge cited claim clause common law complaint contract contributory negligence corporation counsel court court of equity creditors damages death debt decisions declared deed defendant's delivered delivery demurrer devise doctrine duty easement effect enforced entitled equity estoppel evidence executed executors facts fee simple fraud grant held indictment injury Insurance intention interest Iowa judge jury land lease liable ment mortgage negligence Ohio St old firm opinion owner Paris green parties payment Penn person plaintiff in error possession principle purchaser purpose question Railroad Company Railway reason received recover rule says sold statute statute of frauds statute of limitations street supra sustained testator thereof tion trial trust valid vendor void Western Union widow wife words
Side 288 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Side 431 - ... to the end that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper Executive authority, that a warrant may issue for the surrender of such fugitive. The expense of such apprehension and delivery shall be borne, and defrayed by the party who makes the requisition, and receives the fugitive.
Side 430 - It is agreed that the United States and Her Britannic Majesty shall, upon mutual requisitions by them, or their ministers, officers, or authorities, respectively made, deliver up to justice all persons who, being charged with the crime of murder, or assault with intent to commit murder, or piracy, or arson, or robbery, or forgery, or the utterance of forged paper, committed within the jurisdiction of either, shall seek an asylum, or shall be found, within the territories of the other...
Side 431 - ... and the respective judges and other magistrates of the two Governments shall have power, jurisdiction, and authority, upon complaint made under oath, to issue a warrant for the apprehension of the fugitive or person so charged, that he may be brought before such judges or other magistrates, respectively, to the end that the evidence of criminality may be heard and considered...
Side 220 - to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessities, or even from ancient partialities or prejudices.
Side 808 - But it is also used in a more restricted sense, to  express the inability of a party to pay his debts as they become due in the ordinary course of business.
Side 286 - The Inquiry must, therefore, always be whether there was any Intermediate cause, disconnected from the primary fault and self-operating, which produced the Injury.
Side 512 - In an action for libel or slander, it shall not be necessary to state in the complaint, any extrinsic facts, for the purpose of showing the application to the plaintiff, of the defamatory matter out of which the cause of action arose ; but it shall be sufficient to state generally, that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on the trial, that it was so published or spoken.
Side 175 - In all criminal cases whatever, the jury shall have the right to determine the law and the facts.