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 95Abraham Clark Freeman Bancroft-Whitney Company, 1903 |
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Page 37
... parties , it is always admissible for the person who wrote it , and against whom it is introduced , to explain the meaning he intended to convey . ( p . 51. ) APPELLATE PRACTICE . - Exceptions not Saved in the court below cannot be ...
... parties , it is always admissible for the person who wrote it , and against whom it is introduced , to explain the meaning he intended to convey . ( p . 51. ) APPELLATE PRACTICE . - Exceptions not Saved in the court below cannot be ...
Page 38
... parties ; that no exceptions were settled during the trial and no time agreed upon by the parties for their settlement . The record contains a stipulation , in which it is agreed that at the trial of this case , in April , 1892 , which ...
... parties ; that no exceptions were settled during the trial and no time agreed upon by the parties for their settlement . The record contains a stipulation , in which it is agreed that at the trial of this case , in April , 1892 , which ...
Page 60
... parties affected thereby , and such parties may demur or answer thereto as to the original complaint . " Plain- tiff commenced his action by filing complaint , and at the same time issuing attachment . Before answer or demurrer by de ...
... parties affected thereby , and such parties may demur or answer thereto as to the original complaint . " Plain- tiff commenced his action by filing complaint , and at the same time issuing attachment . Before answer or demurrer by de ...
Page 61
... parties and the sub- ject matter , will proceed to determine all questions involved . " The court may determine any controversy between parties be- fore it when it can be done without prejudice to the rights of others , or by saving ...
... parties and the sub- ject matter , will proceed to determine all questions involved . " The court may determine any controversy between parties be- fore it when it can be done without prejudice to the rights of others , or by saving ...
Page 66
... parties , and in doing this it is allowable to depart from the letter of the condition , to reject in- sensible words , and to supply obvious omissions in order to uphold the bond . ( p . 70. ) ATTACHMENT - Construction of Undertaking ...
... parties , and in doing this it is allowable to depart from the letter of the condition , to reject in- sensible words , and to supply obvious omissions in order to uphold the bond . ( p . 70. ) ATTACHMENT - Construction of Undertaking ...
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Popular passages
Page 264 - States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War ; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States...
Page 340 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 264 - That the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States...
Page 699 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 849 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within /the amendment.
Page 858 - The certificate of acknowledgment of an instrumeut executed by a corporation must be substantially in the following form : STATE or , ) County of . (bSOn this day of , in the year , before me [here insert the name and quality of the officer], personally appeared , known to me [or proved to me on the oath of ] to be the president [or the secretary] of the corporation that executed the within instrument, and acknowledged to me thut such corporation executed the same.
Page 525 - In order to come within the provision of the Constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts...
Page 640 - ... or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers
Page 818 - No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act.
Page 144 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...