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action affirmed agreed alleged amount appeal application assigned authority bank bond cause charge claim Code Company condition constitute contention contract conviction Criminal damages decree deed defendant delivered denied determined Digests and Indexes direct district District Court effect entered entitled error escrow evidence executed fact fendant filed findings follows further give given granted ground guilty held instruction interest issue Judge judgment jury Key-Numbered Digests land lease matter ment mortgage motion necessary objection paid parties payment person plaintiff possession present proceedings purchase question reason received record referred refused rendered respondent reversed rule secure statute sufficient Supreme Court sustained taken testimony thereof tion topic and KEY-NUMBER trial court verdict Wash wife witness
Page 44 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 175 - No special privileges or immunities shall ever be granted which may not be altered, revoked or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.
Page 31 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 32 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 370 - All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or which is committed in the perpetration or attempt to perpetrate arson, rape, robbery, burglary, or mayhem, is murder of the first degree; and all other kinds of murders are of the second degree.
Page 194 - In all other cases, the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment
Page 356 - ... it depends in each case on the terms of the contract and the circumstances of the case, whether the breach of contract is so material as to justify the injured party in refusing to proceed further...
Page 263 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this Act or any other Act applicable to such Federal control or with any order of the President.
Page 71 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants : 1. That the instrument is genuine and in all respects what it purports to be; 2.