The Southeastern Reporter, Volume 44West Publishing Company, 1903 |
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Page 20
that the decree rendered was valid . An ex- amination of that case will show that the judgment holding the decree to be valid was based mainly upon the law now contained in Civ . Code , § 4855 , which provides that , when- ever it is ...
that the decree rendered was valid . An ex- amination of that case will show that the judgment holding the decree to be valid was based mainly upon the law now contained in Civ . Code , § 4855 , which provides that , when- ever it is ...
Page 64
... decree was an able one . Its text was as follows : " This case came before me , during the ses- sion of the court of common pleas for Sumter county , on appeal from the decree of the probate judge of that county , pronouncing in favor ...
... decree was an able one . Its text was as follows : " This case came before me , during the ses- sion of the court of common pleas for Sumter county , on appeal from the decree of the probate judge of that county , pronouncing in favor ...
Page 72
... decree , his honor erred in not further finding , as matter of fact , that Franklin entered into his contract of purchase without notice of any purchase by Chandler , and his honor erred in not finding and adjudging , as matter of law ...
... decree , his honor erred in not further finding , as matter of fact , that Franklin entered into his contract of purchase without notice of any purchase by Chandler , and his honor erred in not finding and adjudging , as matter of law ...
Page 87
... decree . There seems to be no doubt that , for all the time the company op- erated the ferry , the privileges fixed by the decree were allowed to the successive owners of the land without question . The plaintiff is now the owner of the ...
... decree . There seems to be no doubt that , for all the time the company op- erated the ferry , the privileges fixed by the decree were allowed to the successive owners of the land without question . The plaintiff is now the owner of the ...
Page 89
... decree , another com- plaint in equity may be filed to carry the orig- inal decree into effect . The effectual defense here is not the mere failure of the plaintiff to sue on the decree of Chancellor Waties for 20 years after she had ...
... decree , another com- plaint in equity may be filed to carry the orig- inal decree into effect . The effectual defense here is not the mere failure of the plaintiff to sue on the decree of Chancellor Waties for 20 years after she had ...
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Common terms and phrases
action agent Alderson alleged amount answer appeal appellee assignment bank Baskin bill cause cent certificates charge circuit court claim Code Constitution contract corporation court of equity creditors damages debt decree deed defendant defendant's demurrer entitled equity error estoppel evidence execution fact Faulconer favor fendant filed fraud fraudulent garnishee Geiser Greenbrier county heirs held Herron holder indorser intent interest issue Judge judgment jurisdiction jury justice land lease liable lien McDowell county ment mortgage North Carolina notice overruled owner paid pany pari delicto parties payment person petition plaintiff plaintiff in error plea possession proceeding purchase purpose question railroad company real estate reason record recover rule says sold statute statute of limitations suit Supreme Court tenant testator testimony thereof tiff tion tract trial trust usury verdict void West Virginia wife witness Womelsdorf writ
Popular passages
Page 35 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 318 - That all levies, judgments, attachments, or other liens obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt...
Page 296 - The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale.
Page 150 - English statute of frauds, so far as to require a conveyance of any " estate of inheritance or freehold, or for a term of more than one year, in lands and tenements...
Page 53 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 318 - ... the property affected by the levy, judgment, attachment, or other lien shall be deemed wholly discharged and released from the same, and shall pass to the trustee as a part of the estate of the bankrupt, unless the court shall, on due notice, order that the right under such levy, judgment, attachment, or other lien shall be preserved for the benefit of the estate; and thereupon the same may pass to and shall be preserved by the trustee for the benefit of the estate as aforesaid.
Page 45 - ... access to the navigable part of the river from the front of his lot, the right to make a landing, wharf or pier for his own use or for the use of the public, subject to such general rules and regulations as the legislature may see proper to impose for the protection of the rights of the public, whatever these may be.
Page 310 - 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 or delivery or for nondelivery of any unrepeated message, beyond the amount received for sending the same...
Page 81 - ... when during the litigation it appears that the defendant is doing or threatens or is about to do, or is procuring or suffering to be done, some act in violation of the plaintiff's rights respecting the subject of the action, and tending to render the judgment ineffectual, a temporary injunction may be granted to restrain such act.
Page 144 - 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.