Atlantic Reporter, Volume 106West Publishing Company, 1919 |
From inside the book
Results 1-5 of 100
Page 58
... action which would sum of $ 1,207.50 recovered therein on Feb- cast a cloud on title to real estate can be en - ruary 18 , 1913 ; that execution was issued joined , a judgment creditor , acting in good upon said judgment to the other ...
... action which would sum of $ 1,207.50 recovered therein on Feb- cast a cloud on title to real estate can be en - ruary 18 , 1913 ; that execution was issued joined , a judgment creditor , acting in good upon said judgment to the other ...
Page 102
In action for death of an employé , killed while operating a crane , who in an emergency , and to avoid killing men beneath the load , stop- ped the load , and at once upset the crane , held , on the evidence , that his contributory ...
In action for death of an employé , killed while operating a crane , who in an emergency , and to avoid killing men beneath the load , stop- ped the load , and at once upset the crane , held , on the evidence , that his contributory ...
Page 203
... action itself is a suf- ficient demand . same negligence as that upon which the plaintiff relied at the trial . Therefore there was no change in the cause of action , and the amend- ment was properly allowed . However , the main ...
... action itself is a suf- ficient demand . same negligence as that upon which the plaintiff relied at the trial . Therefore there was no change in the cause of action , and the amend- ment was properly allowed . However , the main ...
Page 222
... action brought up by this writ is affirmed , with costs . 1 . et al . ( No. 5236. ) ( Supreme Court of Rhode Island . April 16 , 1919. ) APPEAL AND ERROR 706 ( 5 ) —RULING ON MOTION FOR NEW TRIAL - REVIEW . An exception to the refusal ...
... action brought up by this writ is affirmed , with costs . 1 . et al . ( No. 5236. ) ( Supreme Court of Rhode Island . April 16 , 1919. ) APPEAL AND ERROR 706 ( 5 ) —RULING ON MOTION FOR NEW TRIAL - REVIEW . An exception to the refusal ...
Page 249
... action was therefore defective . Counsel for the appellee stated that the failure to attach the exhibits was a mere inadvertence , and he then made a motion to be permitted to add the exhibits to the statement already filed . Although ...
... action was therefore defective . Counsel for the appellee stated that the failure to attach the exhibits was a mere inadvertence , and he then made a motion to be permitted to add the exhibits to the statement already filed . Although ...
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Common terms and phrases
accident action affirmed agreement alleged Allegheny County amount appeal appellee application authority Baltimore City bill certiorari Chancery charge claim Common Pleas compensation complainant Conn contract corporation counsel Court of Chancery court of equity Court of Errors creditors damages death debt deceased decree deed defendant defendant's Digests and Indexes election employé entitled equity evidence execution executor fact fendant filed held indictment injury insolvent issue Jersey Jersey City judge judgment jury justice Key-Numbered Digests land liability ment mortgage motion Mowser N. J. Eq N. J. Law negligence Newark opinion owner paid party wall payment person petitioner Pittsburgh plaintiff proceedings purchase quantum meruit question reason receiver rule statute stockholders suit Superior Court Supreme Court testator testimony thereof tion topic and KEY-NUMBER town tract trial trust verdict wife witness
Popular passages
Page 227 - To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Page 275 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Page 173 - The constitutional validity of law is to be tested, not by what has been done under it, but by what may, by its authority, be done.
Page 92 - ... profits, and produce of such property so directed to be accumulated, shall, so long as the same shall be directed to be accumulated contrary to the provisions of this Act, go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed.
Page 271 - It was for the building of a bridge, which it recites the party of the second part "desires to build across the Allegheny river, and in accordance with specifications and plans * * * heretofore submitted to the. party of the first part by the .party of the second part.
Page 350 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 277 - This power, which in its various ramifications is known as the police power, is an exercise of the sovereign right of the Government to protect the lives, health, morals, comfort and general welfare of the people, and is paramount to any rights under contracts between individuals.
Page 275 - No legislature can bargain away the public health or the public morals. The people themselves cannot do it, much less their servants. The supervision of both these subjects of governmental power is continuing in its nature, and they are to be dealt with as the special exigencies of the moment may require. Government is organized with a view to their preservation, and cannot divest itself of...
Page 392 - June [1677] all declarations or creations of trusts or confidences of any lands, tenements, or hereditaments, shall be manifested and proved by some writing signed by the party who is by law enabled to declare such trust, or by his last will in writing, or else they shall be utterly void and of none effect.
Page 275 - But the power of governing is a trust committed by the people to the government, no part of which can be granted away. The people in their sovereign capacity have established their agencies for the preservation of the public health and the public morals and the protection of public and private rights. These several agencies can govern according to their discretion, if within the scope of their general authority while in power, but they cannot give away nor sell the discretion of those that are to...