The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 35Bancroft-Whitney, 1881 |
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Results 1-5 of 84
Page 18
... matter in hand , which have been made by a party to a cause , may be proved against him , without his ad- versary being compelled to use such party as a witness in a suit in which he is interested . The two judgments against Munter ...
... matter in hand , which have been made by a party to a cause , may be proved against him , without his ad- versary being compelled to use such party as a witness in a suit in which he is interested . The two judgments against Munter ...
Page 35
... matter , separate and distinct from the question of guilt , and hence those strange and incomprehensible expressions above referred to . " Let us pay our respects to this last proposition , and see if from a bare touch it will not ...
... matter , separate and distinct from the question of guilt , and hence those strange and incomprehensible expressions above referred to . " Let us pay our respects to this last proposition , and see if from a bare touch it will not ...
Page 38
... matter is relied upon by the defendant to exempt him from punishment and absolve him from liability , then that is matter foreign to the issue as made by the State in her charge against him , and the bur- den of proving it , in reason ...
... matter is relied upon by the defendant to exempt him from punishment and absolve him from liability , then that is matter foreign to the issue as made by the State in her charge against him , and the bur- den of proving it , in reason ...
Page 54
... matter of independent recol- lection ; but the memorandum itself is not thereby made evidence . If the memory of the witness is not refreshed by an examination of the memoran- dum , so that he can testify to the facts as matter of ...
... matter of independent recol- lection ; but the memorandum itself is not thereby made evidence . If the memory of the witness is not refreshed by an examination of the memoran- dum , so that he can testify to the facts as matter of ...
Page 55
... matter of independent recollection , to facts pertinent to the issue . In cases of this class , the witness testifies to what he asserts are facts within his own knowledge ; and the only distinguishing difference between testi- mony ...
... matter of independent recollection , to facts pertinent to the issue . In cases of this class , the witness testifies to what he asserts are facts within his own knowledge ; and the only distinguishing difference between testi- mony ...
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Common terms and phrases
action agent alleged amount appellant appellee applied assault and battery authority bill of exchange bill of lading bond cause charge cited City claim common carrier common law condition constitute contract conviction corporation counsel court of equity creditor crime criminal damages debt decision declared deed defendant defendant's delivered delivery discharge doctrine duty equity error evidence execution express facts fraud held indictment indorser injury insanity intent judge jury justice land liable Maine Central Railroad Mass ment mortgage National Bank negligence Negotiable instrument notice offense Ohio St opinion owner paid parties payable payment Penn person plaintiff had judgment plaintiff in error plea possession presumption principle prisoner promissory note proof prove purpose question Railroad Company reasonable doubt received recover rule sanity says statute Supreme Court surety sustained testator testimony thereof tion trial trust void Wend Winnebago County witness
Popular passages
Page 525 - 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 495 - In an action brought to recover a balance due upon a mutual, open, and current account, where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.
Page 220 - The General Assembly shall provide by law for a uniform and equal rate of assessment and taxation, and shall prescribe such regulations as shall secure a just valuation for taxation of all property...
Page 645 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Page 18 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.
Page 488 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 308 - In respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally (ie, according to the usual course of things) from such breach of contract Itself, or as such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the breach of it.
Page 18 - ... notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit, he is nevertheless punishable according to the nature of the crime committed, if he knew at the time of committing such crime that he was acting contrary to law ; by which expression we understand your lordships to mean the law of the land.
Page 598 - ... expressed in the written part of the policy, otherwise the policy shall be void.
Page 90 - All subjects over which the sovereign power of a state extends, are objects of taxation ; but those over which it does not extend, are, upon the soundest principles, exempt from taxation.