American Law Reports Annotated, Volume 18Lawyers Co-operative Publishing Company, 1922 |
From inside the book
Results 1-5 of 100
Page 17
... question were signed at about the time , and after , the false and fraudulent representations were made . If they were made at any other time , the burden was upon the plaintiff to so show , and he has not done so . The question of the ...
... question were signed at about the time , and after , the false and fraudulent representations were made . If they were made at any other time , the burden was upon the plaintiff to so show , and he has not done so . The question of the ...
Page 39
... question will , therefore , be discussed . It is not pos- sible to align all cases with one theory or another . Although many of the courts have explicitly said that , upon a showing of fraud in the incep- tion or diversion of an ...
... question will , therefore , be discussed . It is not pos- sible to align all cases with one theory or another . Although many of the courts have explicitly said that , upon a showing of fraud in the incep- tion or diversion of an ...
Page 81
... question related to that already considered , is whether or not the state has a right to contest or oppose the probate of a will . This question is interesting from a practical point of view , because the question may arise as to who ...
... question related to that already considered , is whether or not the state has a right to contest or oppose the probate of a will . This question is interesting from a practical point of view , because the question may arise as to who ...
Page 96
... question involved in this case is the validity of a certain ordi- nance of the city of Kearney , Nebraska . Plaintiff , who was the owner of certain lots abutting upon Central avenue at Twenty - fourth street in the city of Kearney ...
... question involved in this case is the validity of a certain ordi- nance of the city of Kearney , Nebraska . Plaintiff , who was the owner of certain lots abutting upon Central avenue at Twenty - fourth street in the city of Kearney ...
Page 104
... question in this record but that Robert H. Henry and his wife , by virtue of deeds executed to them , owned the property in ques- tion as tenants by the entirety . Nei- ther is there any question as to whether the husband or the wife ...
... question in this record but that Robert H. Henry and his wife , by virtue of deeds executed to them , owned the property in ques- tion as tenants by the entirety . Nei- ther is there any question as to whether the husband or the wife ...
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Common terms and phrases
action affirmed agreement alleged annotation appeared appellant Asso authority automobile Bank beneficiary bill of lading bona fide burden cause certiorari commission compensation constitute contract contributory negligence corporation County court says covenant Crim crime crossing damages danger defendant driver duty dwelling house eminent domain employee entitled erected evidence fact Federal Trade Commission fendant fraud held holder indorsement injury Iowa judgment juror jury land larceny liable matter of law ment milk Minn N. Y. Supp negotiable Negotiable Instruments officer operation opinion ordinance owner parties partnership passenger payment person plaintiff plaintiff in error prosecution purchase purpose question railroad reason riding rule statute Statute of Frauds street car supra Teleg thereof tion track trial United violation
Popular passages
Page 7 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 48 - A holder in due course is a holder who has taken the instrument under the following conditions: — 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3.
Page 423 - And unto Adam he said, Because thou hast hearkened unto the voice of thy wife, and hast eaten of the tree, of which I commanded thee, saying, Thou shalt not eat of it: cursed is the ground for thy sake; In sorrow shalt thou eat of it all the days of thy life...
Page 411 - Gross income" includes gains, profits, and income derived from salaries, wages, or compensation for personal service, of whatever kind and in whatever form paid, or from professions, vocations, trades, businesses, commerce, or sales, or dealings in property, whether real or personal, growing out of the ownership or use of or interest in such property; also from interest, rent, dividends, securities, or the transaction of any business carried on for gain or profit, or gains or profits and...
Page 7 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 230 - When we consider the nature and the theory of our institutions of government, the principles upon which they are supposed to rest, and review the history of their development, we are constrained to conclude that they do not mean to leave room for the play and action of purely personal and arbitrary power.
Page 75 - If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Page 650 - Anything which is injurious to health, or indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. Such action may be brought by any person whose property is injuriously affected, or whose personal enjoyment is lessened by the nuisance ; and by the judgment, the nuisance may be enjoined or abated, as well as damages recovered.
Page 226 - It may be said in a general way that the police power extends to all the great public needs. ... It may be put forth in aid of what is sanctioned by usage, or held by the prevailing morality or strong and preponderant opinion to be greatly and immediately necessary to the public welfare.
Page 549 - Upon such filing, the court shall cause notice thereof to be served upon such person, and thereupon shall have jurisdiction of the proceeding and of the question determined therein, and shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter upon the pleadings, testimony, and proceedings set forth in such transcript a decree enforcing, modifying, and enforcing as so modified^ or setting aside in whole or in part the order of the Board.