The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volume 59Bancroft-Whitney, 1886 - Law reports, digests, etc |
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Common terms and phrases
action admissible adverse possession affirmed agent alleged appears appellee apply assumpsit authority Bailments Bank Barb barratry bill citing the principal claim common law Connecticut Mut constitution contract conveyance corporation court court of equity creditors Cush damages debt debtor decision declaration decree deed defendant discharge doctrine dollars effect entitled equity evidence execution executor fact fixtures fraud Greenl habeas corpus held indorser injunction injury intention interest judge judgment jurisdiction jury justice land legislature liable matter ment mortgage negligence nonsuit notice Ohio opinion owner paid pardon party payment person plaintiff in error possession premises promissory note property insured prove purchase purpose question railroad reason recover rule sheriff's deed Smith sold statute statute of frauds sufficient suit supra testator tion trial trust usury verdict void warranty Wend witness
Popular passages
Page 535 - For the recovery of real property, or of an estate or interest therein, or for the determination, in any form, of such right or interest, and for injuries to real property; "2.
Page 487 - If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences and effect of the act he is about to commit, or when he is impelled thereto by an insane impulse, which he has not the power to resist, such death is not within the contemplation of the parties to the contract, and the insurer is...
Page 534 - Where a court has jurisdiction, it has a right to decide every question which occurs in the cause ; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other court. But if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void.
Page 668 - In any trial, in any court, the party accused shall be allowed to appear and defend in person and with counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed...
Page 316 - ... defectively or imperfectly stated or omitted, and without which it is not to be presumed that either the judge would direct the jury to give or the jury would have given the verdict, such defect, imperfection, or omission is cured by the verdict...
Page 672 - No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or first secured by a deposit of money to the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury of twelve men, in a court of record, as shall be prescribed by law.
Page 507 - On the final passage of such bill in either house of the Legislature, the question shall be taken by ayes and noes, to be duly entered on the journals thereof, and shall be: " Shall this bill pass, and ought the same to receive the sanction of the people...
Page 781 - It shall be the duty of the Legislature to provide for the organization of cities and incorporated villages, and to restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent abuses in assessments and in contracting debt by such municipal corporations...
Page 762 - This vital power may be abused ; but the constitution of the United States was not intended to furnish the corrective for every abuse of power which may be committed by the state governments. \The interest, wisdom, and justice of the representative body, and its relations with its constituents, furnish the only security, where there is no express contract, against unjust and excessive taxation, as well as against unwise legislation generally.] This principle was laid down in the case of M
Page 487 - If the assured, being in the possession of his ordinary reasoning faculties, from anger, pride, jealousy, or a desire to escape from the ills of life, intentionally takes his own life, the proviso attaches, and there can be no recovery. If the death is caused by the voluntary act of the assured, he knowing and intending that his death shall be the result of his act, but when his reasoning faculties are so far impaired that he is not able to understand the moral character, the general nature, consequences,...