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 128
Abraham Clark Freeman
Bancroft-Whitney Company, 1909 - Law reports, digests, etc
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agreement alleged amount appellant appellee applied assignment authority Bank beneficiary bill of lading cause of action certificates claim common law constitution contract corporation court of equity creditor curtesy damages death debt decree deed defendant defendant's delivered dollars drawer duty easement enforce entitled equity evidence execution executor fact fee simple fraud held holder husband indorsed injury insurable interest intended Iowa issue judgment jury land Law Rep liability lien ment mortgage N. J. Eq negligence nuisance Ohio St owner paid parol parties payee payment person plaintiff plaintiff in error purchase purpose question railroad company reason received recover refused rule seisin specific performance statute of limitations subpoena duces tecum suit sustained thereof timber tion trial trust Western Union wife witness
Page 232 - All laws of a general nature shall have a uniform operation; the General Assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.
Page 818 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 69 - No acknowledgment or promise shall be sufficient evidence of a new or continuing contract, whereby to take the case out of the operation of this title, unless the same be contained in some writing signed by the party to be charged thereby; but this section shall not alter the effect of any payment of principal or interest.
Page 990 - ... 7. Upon any agreement which is not to be performed within one year from the making thereof, unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, be in writing, and signed by the party to be charged therewith, or by his authorized agent...
Page 60 - If, when the cause of action accrues against a person, he is out of the state, the action may be commenced within the...
Page 533 - ... shall upon arrival In such State or Territory be subject to the operation and effect of the laws of such State or Territory enacted in the exercise of its police powers, to the same extent and in the same manner as though such liquids or liquors had been produced in such State or Territory, and shall not be exempt therefrom by reason of being introduced therein in original packages or otherwise...
Page 388 - Equity is a roguish thing ; for law we have a measure, know what to trust to ; equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is equity. 'Tis all one as if they should make the standard for the measure we call a foot...
Page 437 - ... and every other person who has agreed to become a member of a company under this Act, and whose name is entered on the register of members, shall be deemed to be a member of the company.
Page 251 - The exercise of this original right is a very great exertion ; nor can it, nor ought it, to be frequently repeated. The principles, therefore, so established, are deemed fundamental. And as the authority from which they proceed is supreme, and can seldom act, they are designed to be permanent.
Page 252 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.