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 17Abraham Clark Freeman Bancroft-Whitney Company, 1891 |
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Results 1-5 of 90
Page 28
... judgment , and no further order of sale under the proceedings could be made without a new case and fresh service of the parties . If the probate judge had been merely the appointee of another court , to sell certain portions of the ...
... judgment , and no further order of sale under the proceedings could be made without a new case and fresh service of the parties . If the probate judge had been merely the appointee of another court , to sell certain portions of the ...
Page 30
... judgment of this court is , that the judgment of the circuit court be affirmed . AS TO THE JURISDICTION OF PROBATE COURTS TO SELL REALTY of dece- dents , and the conclusiveness of proceedings upon collateral attack , see Good- win v ...
... judgment of this court is , that the judgment of the circuit court be affirmed . AS TO THE JURISDICTION OF PROBATE COURTS TO SELL REALTY of dece- dents , and the conclusiveness of proceedings upon collateral attack , see Good- win v ...
Page 36
... JUDGMENTS . — A judgment in favor of the defendant may , on motion , by order be set off against a judgment previously rendered in favor of the plaintiff . The power to so set off judgments is a common . law power , not derived from nor ...
... JUDGMENTS . — A judgment in favor of the defendant may , on motion , by order be set off against a judgment previously rendered in favor of the plaintiff . The power to so set off judgments is a common . law power , not derived from nor ...
Page 37
... JudgmENT . - The court will not order a judgment to be set off against one in favor of the defendant , when the plaintiff had assigned it to his attorney to secure the payment of the latter's profes sional service , and the attorney ...
... JudgmENT . - The court will not order a judgment to be set off against one in favor of the defendant , when the plaintiff had assigned it to his attorney to secure the payment of the latter's profes sional service , and the attorney ...
Page 38
... judgment herein was sufficient to bar the appellant's right of set - off . From this order the defendant , Reid ... judgment previously obtained by a defendant against a plaintiff to be set off , pro tanto , against a judgment subse ...
... judgment herein was sufficient to bar the appellant's right of set - off . From this order the defendant , Reid ... judgment previously obtained by a defendant against a plaintiff to be set off , pro tanto , against a judgment subse ...
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agent agreement alimony alleged amount appellant appellee applied attorney authority bank cause of action charge circuit court cited claim complaint constitution contract contributory negligence corporation counsel court of equity creditors damages debt decree deed defendant defendant's directors discharge divorce duty entitled equity error estopped estoppel evidence executed exercise fact fraud ground held husband indorsed injury intention John Garvin judge judgment judicial jurisdiction jury land liable lien marriage matter ment mortgage mortgagor negligence notice opinion paid parties partnership passenger payment person plaintiff plaintiff in error possession premium principal promise promissory note purchaser purpose question R. R. Co railroad company reason recover rule sheriff's deed statute statute of frauds subrogation suit testator testimony thereof thousand dollars tion trial trust valid verdict void wife witness
Popular passages
Page 334 - No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created.
Page 333 - Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever.
Page 331 - 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...
Page 231 - An acknowledgment in a policy of the receipt of premium is conclusive evidence of its payment, so far as to make the policy binding, notwithstanding any stipulation therein that it shall not be binding until the premium is actually paid.
Page 223 - ... during the marriage or afterwards, be, without the consent of the other, examined as to any communication made by one to the other during the marriage; but this exception does not apply to a civil action or proceeding by one against the other...
Page 919 - So it is said that an independent contractor is one who, exercising an independent employment, contracts to do a piece of work according to his own methods, and without being subject to the control of his employer, except as to the result of the work: Powell v.
Page 255 - When any testator shall omit to provide in his will for any of his children, or for the issue of any deceased child...
Page 692 - Perpetuities and monopolies are contrary to the genius of a free State, and ought not to be allowed.
Page 920 - THIS INDENTURE, made this day of , in the year One thousand, nine hundred and , between of , the party of the first part...
Page 430 - The law has so high a regard for human life that it will not impute negligence to an effort to preserve it, unless made under such circumstances as to constitute rashness in the judgment of prudent persons.