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 3Abraham Clark Freeman Bancroft-Whitney Company, 1888 |
From inside the book
Results 1-5 of 71
Page 78
... bill of exceptions the facts proved are certified . In the progress of these trials exceptions were taken to other rulings of the court , but as in the view I take of the case it must be decided on grounds wholly distinct from those ...
... bill of exceptions the facts proved are certified . In the progress of these trials exceptions were taken to other rulings of the court , but as in the view I take of the case it must be decided on grounds wholly distinct from those ...
Page 79
... bill of exceptions must contain the facts which the court considered established by the testimony , and not the testimony itself . The reason given for this resolution is , that it would be unsafe for this court to revise and reverse an ...
... bill of exceptions must contain the facts which the court considered established by the testimony , and not the testimony itself . The reason given for this resolution is , that it would be unsafe for this court to revise and reverse an ...
Page 80
... bill of exceptions . . . . only states briefly the facts as they appeared to the judge , and are admitted by him to have been proved , and in consequence of such , his admission , the ap- pellate court founds its decision upon the same ...
... bill of exceptions . . . . only states briefly the facts as they appeared to the judge , and are admitted by him to have been proved , and in consequence of such , his admission , the ap- pellate court founds its decision upon the same ...
Page 101
... bill of costs to pay . - Now , if upon the law of the case ( or of the several cases as made out by the evidence adduced at the several trials ) , the plaintiff is entitled to recover damages of the defendant com- pany for the injury ...
... bill of costs to pay . - Now , if upon the law of the case ( or of the several cases as made out by the evidence adduced at the several trials ) , the plaintiff is entitled to recover damages of the defendant com- pany for the injury ...
Page 107
... bill , alleging that her testator , in his lifetime , had in effect paid the Preston debt , as garnishee , into the state court , though in fact he had paid it to the receiver of the Confederate States , under an order of the ...
... bill , alleging that her testator , in his lifetime , had in effect paid the Preston debt , as garnishee , into the state court , though in fact he had paid it to the receiver of the Confederate States , under an order of the ...
Contents
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Common terms and phrases
action affirmed agent alleged appellant appellee applied Arbeiter Zeitung assignment authority Bank bill bomb bona fide purchaser cars charge Cheatem circumstances claim common law complaint conspiracy constitution contract contributory negligence conveyance corporation County court of equity creditors criminal damages debt declarations decree deed defendant demurrer dollars duty election entitled equity evidence execution facts fendant fraud fraudulent fraudulent conveyance garnishee grant grantor guilty Haymarket held indictment indorsement injury instruction intent judgment jurisdiction jury land liable lien Lingg ment mortgage murder negligence notice objection opinion owner paid pari delicto parties payment person plaintiff in error police possession proceedings profit a prendre purchaser purpose question railroad reason recover rendered replevin riparian rule says Spies statute stockholders Street suit supra testimony thereof tion trial trover unlawful verdict witness workingmen
Popular passages
Page 890 - Senators, and shall be published for three months previous to the time of making such choice; and if in the Legislature so next chosen, as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe...
Page 890 - Any amendment or amendments to this Constitution may be proposed in the senate and assembly; and if the same shall be agreed to by a majority of the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their journals, with the yeas...
Page 787 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected In the same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 799 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the court, one or more may sue or defend for the benefit of all.
Page 770 - ... or attempt to perpetrate any arson, rape, robbery or burglary, shall be deemed murder of the first degree, and all other kinds of murder shall be deemed murder of the second degree...
Page 658 - Assembly, or when, at any time, a vacancy shall have occurred in any other State office, or in the office of Judge of any court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified.
Page 132 - The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.
Page 329 - Where the trial judge, on behalf of the state, instructed the jury that if they "believe from the evidence in this case beyond a reasonable doubt that the defendant . . . deliberately murdered the deceased, ... as charged in the indictment herein, then the jury should find the defendant guilty as charged," with instructions as to the form of the verdict, it was held in Upton v.
Page 144 - To hold, purchase and convey such real and personal estate, as the purposes of the corporation shall require, not exceeding the amount limited in its charter:
Page 890 - The proceeds of all lands that have been or hereafter may be granted by the United States to this state, for the support of schools, which shall hereafter be sold or disposed of, and the five hundred thousand acres of land granted to the new states, under an act of Congress, distributing the proceeds of the public lands among the several states of the Union, approved, AD 1841, and all estates of deceased persons, who may have died...