The American Law Register, Volume 24; Volume 33D.B. Canfield & Company, 1885 |
From inside the book
Results 1-5 of 83
Page 30
... defendant pleaded the general issue , the plaintiff could join issue at once , and , if the case was not defended , get his verdict at the next assizes . But by pleading a special plea , the plaintiff was obliged to reply , and the ...
... defendant pleaded the general issue , the plaintiff could join issue at once , and , if the case was not defended , get his verdict at the next assizes . But by pleading a special plea , the plaintiff was obliged to reply , and the ...
Page 35
... defendant . The opinion of the court was delivered by ALLEN , J. - The defendant sold a house to the plaintiff , and agreed to assign to her a policy of insurance he held upon it . He did not assign it , although several times requested ...
... defendant . The opinion of the court was delivered by ALLEN , J. - The defendant sold a house to the plaintiff , and agreed to assign to her a policy of insurance he held upon it . He did not assign it , although several times requested ...
Page 49
... defendant by direction of Charles H. Harris , agent for plaintiff , and that the defendant , who was agent for the American Sewing Machine Company , though he had the machine , refused to deliver it until storage was paid for it or ...
... defendant by direction of Charles H. Harris , agent for plaintiff , and that the defendant , who was agent for the American Sewing Machine Company , though he had the machine , refused to deliver it until storage was paid for it or ...
Page 65
... defendant covers the precise point now made , nor was any exception taken , at the time , to that part of the charge which , it is claimed , refers to the certificate of the attending physician . The only exception taken by the defendant ...
... defendant covers the precise point now made , nor was any exception taken , at the time , to that part of the charge which , it is claimed , refers to the certificate of the attending physician . The only exception taken by the defendant ...
Page 66
... defendant as steward , paying a certain sum per month for his services and for the use of the room where the liquors ... defendant asked the court to rule that there was no evidence to warrant a conviction . The court declined so to rule ...
... defendant as steward , paying a certain sum per month for his services and for the use of the room where the liquors ... defendant asked the court to rule that there was no evidence to warrant a conviction . The court declined so to rule ...
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Common terms and phrases
agent agreement alimony appear application assignment authority Bank Barb bill carrier cause of action certificate charge chose in action claim common carrier common law contract contributory negligence corporation court of equity creditors damages debt debtor decision decree defendant defendant's delivered divorce doctrine domicile duty enforce entitled equity evidence execution executors fact fraud garnishee ground held husband injury interest Iowa judge judgment judicial judicial notice jurisdiction jury labor land liable Mass matter ment mortgage negligence notice Ohio St opinion owner party passenger payment Penn person Pinnel's plaintiff principle proceeding promissory note purchase question Railroad Co railroad company railway reason received recover refusal rule separate servant Smith statute Statute of Frauds suit supra Supreme Court testator tion tort train trust valid void wife
Popular passages
Page 59 - A person duly authorized to practice physic or surgery, or a professional or registered nurse, shall not be allowed to disclose any information which he acquired in attending a patient in a professional capacity, and which was necessary to enable him to act in that capacity...
Page 302 - Generally in all matters not herein-before particularly mentioned, in which there is any conflict or variance between the Rules of Equity and the Rules of the Common Law with reference to the same matter, the rules of Equity shall prevail.
Page 650 - By marriage, the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband ; under whose wing, protection, and cover, she performs everything ; and is therefore called in our law French a.
Page 60 - that the laws of the several States, except where the Constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 727 - The court may determine any controversy between parties before it, when it can be done without prejudice to the rights of others, or by saving their rights ; but when a complete determination of the controversy cannot be had without the presence of other parties, the court must order them to be brought in.
Page 613 - 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 non-delivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Page 61 - In all other respects, the laws of the State in which the court is held shall be the rules of decision as to the competency of witnesses in the courts 100] of the United States in trials at common law and in equity and admiralty.
Page 734 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.
Page 767 - But in all cases there must be a reasonable ground, founded upon the relations of the parties to each other, either pecuniary or of blood or affinity, to expect some benefit or advantage from the continuance of the life of the assured.
Page 60 - That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other, as to any transaction with, or statement by, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court.