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 70Abraham Clark Freeman Bancroft-Whitney Company, 1900 |
From inside the book
Results 1-5 of 83
Page 31
... performance of certain duties to the public , is allowed , under some circumstances , to set up rights connected with the land over which it operates its line of railway , of which an individual or an ordinary private corporation would ...
... performance of certain duties to the public , is allowed , under some circumstances , to set up rights connected with the land over which it operates its line of railway , of which an individual or an ordinary private corporation would ...
Page 55
... performance , or be implied from the nature of the contract , ' such notice must be averred and proved : 2 Story on Contracts , 5th ed . , sec . 1332 , and authorities cited in note 1 on page 504 . Clark , in his work on Contracts ...
... performance , or be implied from the nature of the contract , ' such notice must be averred and proved : 2 Story on Contracts , 5th ed . , sec . 1332 , and authorities cited in note 1 on page 504 . Clark , in his work on Contracts ...
Page 60
... PERFORMANCE . — A devise of land to specified legatees , " to have and to hold in common for a home and support as long as they remain together , and should one or more leave they can take such as given them individually in this will ...
... PERFORMANCE . — A devise of land to specified legatees , " to have and to hold in common for a home and support as long as they remain together , and should one or more leave they can take such as given them individually in this will ...
Page 66
... performance , and in that event the devisees would be entitled to immediate possession of the estate , divested of the right of use as prescribed in the will . Conditions subsequent are con- strued beneficially , 524 in order to save ...
... performance , and in that event the devisees would be entitled to immediate possession of the estate , divested of the right of use as prescribed in the will . Conditions subsequent are con- strued beneficially , 524 in order to save ...
Page 67
... performance , such devisee is entitled then to have the full and absolute use of the estate devised to him . For such right the only method of enforcement is to have his estate free from the condition im- posed ; and if it is found to ...
... performance , such devisee is entitled then to have the full and absolute use of the estate devised to him . For such right the only method of enforcement is to have his estate free from the condition im- posed ; and if it is found to ...
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Common terms and phrases
action affirmed alleged amount appellant appellee applied assignment authority Bank benefit bond cause charged claim common law complained condition constitution contract corporation counsel court court of equity creditors damages death debt debtor deceased decree deed defendant defendant's duty enforce entitled equity error estopped estoppel evidence executed fact Fayetteville filed fraud garnishee held husband indorsement injury insolvent interest Iowa judgment jurisdiction jury land legislature liability lien loan matter ment monographic note mortgage negligence notice opinion owner paid parties payment person petition plaintiff plaintiff in error premises principle proceedings purchase purpose question R. R. Co railroad company reason recover remainderman rendered rule service of process statute statute of limitations stockholders suit sureties tenant term testator thereof tion trial trust ultra vires void wife witness
Popular passages
Page 478 - No private or local bill, which may be passed by the Legislature, shall embrace more than one subject, and that shall be expressed in the title.
Page 736 - They may, however, be all comprehended under the following general heads : protection by the government, the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety — subject, nevertheless, to such restraints as the government may justly prescribe for the general good of the whole.
Page 753 - First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.
Page 534 - No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or corporation, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to incur any indebtedness except for county, city, town or village purposes.
Page 376 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 701 - Every possible presumption is in favor of the validity of a statute, and this continues until the contrary is shown beyond a rational doubt. One branch of the government cannot encroach on the domain of another without danger. The safety of our institutions depends in no small degree on a strict observance of this salutary rule.
Page 773 - ... the name of the owner or reputed owner, if known, and also the name of the person by whom he was employed, or to whom he furnished the materials, with a statement of the terms, time given, and conditions of his contract...
Page 834 - That the common law of England, all statutes or acts of parliament made in aid of the common law prior to the fourth year of the reign of King James the First, and which are of a general nature, not local to that kingdom...
Page 737 - The courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty — indeed, are under a solemn duty — to look at the substance of things, whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority.
Page 773 - ... mining claim, file for record with the county recorder of the county in which such property, or some part thereof, is situated...