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 43
Bancroft-Whitney Company, 1895 - Law reports, digests, etc
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accepted action agreement alleged amount answer appear appellant applied assignment attorney authority bank benefit bill building by-law cause charged claim common complaint condition consideration considered constitution contract corporation court creditors damages death debt decree deed defendant direct dollars duty effect entered entitled equity evidence execution existence fact filed follows further give given grant ground held hold hundred husband interest issued judgment jurisdiction jury land liability lien matter ment mortgage necessary negligence notice objection opinion owner paid parties partnership payment performance person plaintiff possession present principle proceeding purchase question railroad reason received record recover reference relation rendered rule says secure statute street sufficient suit taken thereof tion trial trust valid void wife witness
Page 679 - THAT all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity ; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Page 674 - In all other cases where a general law can be made applicable, no special law shall be enacted.
Page 190 - Curnon, one mortal wound, of the breadth of one inch, and of the depth of three inches, of which said mortal wound he, the said Harmon Curnon, at the ward, city, and county aforesaid, then and there instantly died.
Page 674 - War, be deemed guilty of a misdemeanor and be punished by a fine of not more than $1,000 or imprisonment for not more than twelve months, or both.
Page 130 - But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, except for perjury in giving such testimony.
Page 77 - Probable cause is such a state of facts in the mind of the prosecutor, as would lead a man of ordinary caution and prudence to believe or entertain an honest and strong suspicion, that the person arrested is guilty.
Page 108 - ... large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions — which undertakes, without the consent of the state, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden which it imposes — is a violation of the contract with the state, and is void as against public policy.
Page 742 - A person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime was consummated, unless the court, in its discretion, discharges the jury and directs the defendant to be tried for the crime itself.
Page 610 - ... (as, for example, if it appear that several distinct matters may have been litigated, upon one or more of which the judgment may have passed, without indicating which of them was thus litigated, and upon which the judgment was rendered), the whole subject-matter of the action will be at large and open to a new contention unless this uncertainty be removed by extrinsic evidence showing the precise point involved and determined. To apply the judgment and give effect to the adjudication actually...