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 4
Abraham Clark Freeman
Bancroft-Whitney Company, 1889 - Law reports, digests, etc
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action adverse possession affirmed agent alleged amount appellant appellee applied arrest authority bank bill cause charge claim common law constitution contract conveyance corporation counsel court court of equity creditors damages death debt debtor deceased decree deed defendant defendant's duty enforce entitled equity estoppel evidence execution fact firm fraud fraudulent heirs held husband indictment injury interest intestate judge judgment judgment debtor jury land levy liable lien ment mortgage negligence Negotiable Instruments nunc pro tunc opinion owner paid parties partners passengers payment person plaintiff in error possession proceedings purchase purlins question R. R. Co railroad company reason recover rule servant statute statute of frauds street supra sustained tenant testator thereof thousand dollars tion train trial trustee verdict vested void wife Wurzbach
Page 184 - No freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed or exiled, or any otherwise destroyed, nor will we pass upon him nor condemn him, but by lawful judgment of his peers, or by the law of the land.
Page 463 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 832 - ... 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, with full power of substitution and revocation; hereby ratifying and confirming all that my said attorney or his substitute shall lawfully do, or cause to be done, by virtue hereof.
Page 464 - Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and in addition thereto shall be liable to a penalty of twenty-five dollars, to be recovered with costs, by any person suing therefor in his own name.
Page 667 - Municipal and other corporations and individuals invested with the privilege of taking private property for public use, shall make just compensation for property taken, injured, or destroyed by the construction or enlargement of their works, highways, or improvements, which compensation shall be paid or secured before such taking, injury, or destruction.
Page 396 - The court told the jury that the measure of damages was the difference in the market value of the property before and after the grade of the street was lowered.
Page 516 - Is that whenever one person is by circumstances placed in such a position with regard to another that every one of ordinary sense who did think would at once recognize that if he did not use ordinary care and skill in his own conduct with regard to those circumstances, he would cause danger of Injury to the person or property of the other, a duty arises to use ordinary care and skill to avoid such danger.
Page 164 - The present capacity of taking effect in possession, if the possession were to become vacant, and not the certainty that the possession will become vacant before the estate limited in remainder determines, universally distinguishes a vested remainder from one that is contingent.
Page 56 - In determining the value of land appropriated for public purposes, the same considerations are to be regarded as in a sale of property between private parties. The inquiry in such cases must be what is the property worth in the market, viewed not merely with reference to the uses to which it is at the time applied, but with reference to the uses to which it is plainly adapted; that is to say, what is it worth from its availability for valuable uses.
Page 398 - ... if the Government refrains from the absolute conversion of real property to the uses of the public, it can destroy its value entirely, can inflict irreparable and permanent injury to any extent, can, in effect, subject it to total destruction without making any compensation, because, in the narrowest sense of that word, it is not taken for the public use.