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affirmed agent alleged appellant appellee assignment authority bank barratry bill bond breach cause of action charge cited claim common law Constitution construction contract conveyed corporation counsel court court of equity covenant creditors damages death debt declared deed defendant defendant's delivered delivery doctrine duty easement entitled equity error evidence executor fact gift causa mortis grant grantor heirs held indictment injury intention Iowa judge Judgment reversed jury justice land lease legislature liable marriage Mass ment negligence nuisance opinion owner party payment Penn person plaintiff in error possession premises promissory note prosecution purpose question Railroad Company reason recover refused rule seisin Smith statute statute of limitations street suit supra sustained testator testimony thereof tion trial trustees Walker's Executors Wend witness
Page 364 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 464 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Page 594 - person' may extend and be applied to bodies politic and corporate as well as to individuals.
Page 716 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Page 95 - 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 54 - 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...
Page 121 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission and delivery, or for nondelivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 54 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.