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 95Abraham Clark Freeman Bancroft-Whitney Company, 1903 |
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Results 1-5 of 100
Page 34
... fact , provable by extrinsic evidence dehors the record . The record , as it stood , warranted the judgment , and the error of fact pro- duced the difficulty . In such a case the court would not , in a collateral proceeding , undertake ...
... fact , provable by extrinsic evidence dehors the record . The record , as it stood , warranted the judgment , and the error of fact pro- duced the difficulty . In such a case the court would not , in a collateral proceeding , undertake ...
Page 37
... facts , and not within the rule applicable to hearsay evi- dence . Such declarations are admissible , although not made at the exact time of the occurrence of the principal fact in issue . ( pp . 49 , 50. ) PARTNERSHIP - Evidence . If ...
... facts , and not within the rule applicable to hearsay evi- dence . Such declarations are admissible , although not made at the exact time of the occurrence of the principal fact in issue . ( pp . 49 , 50. ) PARTNERSHIP - Evidence . If ...
Page 42
... fact would be gen- erally conclusive that there was no receipt by the buyer . This case is very different from the one under consideration . The facts of sale , delivery and acceptance were in dispute , and nothing is shown which would ...
... fact would be gen- erally conclusive that there was no receipt by the buyer . This case is very different from the one under consideration . The facts of sale , delivery and acceptance were in dispute , and nothing is shown which would ...
Page 46
... fact that he had twice paid it were self - serving , and error to admit them . In Tisch v . Utz , 142 Pa . St. 186 , 21 Atl . 808 , it was held that declarations of a judgment debtor were not admissible in evidence for the purpose of ...
... fact that he had twice paid it were self - serving , and error to admit them . In Tisch v . Utz , 142 Pa . St. 186 , 21 Atl . 808 , it was held that declarations of a judgment debtor were not admissible in evidence for the purpose of ...
Page 47
... fact ; and their admissibility is determined by the judge , ac- cording to the degree of their relation to that fact , and in the exercise of his sound discretion . Whether declarations made after the occurrence of the litigated issue ...
... fact ; and their admissibility is determined by the judge , ac- cording to the degree of their relation to that fact , and in the exercise of his sound discretion . Whether declarations made after the occurrence of the litigated issue ...
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Common terms and phrases
action Ada county adeemed ademption adverse possession affidavit alleged Alturas county appellant appellee applied attachment attorney authority bank bond cause certificate cited claim clerk common law constitution contract corporation court of equity creditor damages debt debtor declarations decree deed defendant demurrer dollars duty employés entitled equity estopped estoppel evidence execution fact fendant fraud held Idaho indorsed injury Iowa issue judge judgment jurisdiction jury land legislature levy liable lien marriage ment monographic note mortgage negligence officer owner paid parties payment person plaintiff possession proceeding purchase purpose question reason recover replevin rule Sarpy county sheriff statute of frauds statute of limitations streets suit surety testator thereof tion trial valid verdict void wife writ
Popular passages
Page 260 - States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War ; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States...
Page 336 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.
Page 260 - That the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States...
Page 850 - The certificate of acknowledgment of an instrumeut executed by a corporation must be substantially in the following form : STATE or , ) County of . (bSOn this day of , in the year , before me [here insert the name and quality of the officer], personally appeared , known to me [or proved to me on the oath of ] to be the president [or the secretary] of the corporation that executed the within instrument, and acknowledged to me thut such corporation executed the same.
Page 260 - War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same.
Page 841 - Class legislation, discriminating against some and favoring others, is prohibited, but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within /the amendment.
Page 521 - In order to come within the provision of the Constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts...
Page 634 - ... or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers
Page 37 - In the following cases the agreement is invalid, unless the same or some note or memorandum thereof be in writing, and subscribed by the party charged, or by his agent.
Page 209 - It is perhaps correct .to say that public policy is that principle of law which holds that no person can lawfully do that which has a tendency to be injurious to the public or against the public good...