The Southeastern Reporter, Volume 51West Publishing Company, 1906 |
From inside the book
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Page 15
... fact as to the truth or falsity of such return . The bill of excep- tions and entries thereon showing jurisdiction of the Supreme Court , the writ of error will not be dismissed . 2. TRIAL - INSTRUCTIONS . In stating the contentions ...
... fact as to the truth or falsity of such return . The bill of excep- tions and entries thereon showing jurisdiction of the Supreme Court , the writ of error will not be dismissed . 2. TRIAL - INSTRUCTIONS . In stating the contentions ...
Page 16
... fact need one to do the work ; that Wheeler was not acting as foreman of the shop , and had no authority over the plain- tiff , but was at the time in the building per- forming special work ; that there was no occasion for the plaintiff ...
... fact need one to do the work ; that Wheeler was not acting as foreman of the shop , and had no authority over the plain- tiff , but was at the time in the building per- forming special work ; that there was no occasion for the plaintiff ...
Page 17
... fact . In other words , if the power does not exist in this court , it can- not be delegated to any other tribunal whose jurisdiction depends upon the order of ref- erence . At common law an entry of service was not traversible . The ...
... fact . In other words , if the power does not exist in this court , it can- not be delegated to any other tribunal whose jurisdiction depends upon the order of ref- erence . At common law an entry of service was not traversible . The ...
Page 18
... fact of service upon the defendant in error . It may be suggested that the statute al- lowing a traverse to a false entry of service | is broad enough to include and apply to a return of service of a bill of exceptions sued out to this ...
... fact of service upon the defendant in error . It may be suggested that the statute al- lowing a traverse to a false entry of service | is broad enough to include and apply to a return of service of a bill of exceptions sued out to this ...
Page 19
... fact , the company's foreman , was not the vital and controlling issue in the case . The case was not one to which the common - law doc- trine that a master is not liable for an in- jury to one servant caused by the negligence of a ...
... fact , the company's foreman , was not the vital and controlling issue in the case . The case was not one to which the common - law doc- trine that a master is not liable for an in- jury to one servant caused by the negligence of a ...
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Common terms and phrases
adverse possession affirmed agent alleged amendment amount appeal applied authority bank bill of exceptions brings error Bucyrus Cent certiorari charge circuit court circuit judge claim Code complained contract court of equity Court of Georgia damages debt deceased decree deed defendant company defendant in error defendant's delivered demurrer dence duty employés equity Error from Superior evidence fact fendant filed ground heirs held honor erred injury instruction issue judgment June 15 jury land Lee county liable lien Menoher ment mortgage motion negligence North Augusta Note.-For overruled paid parties payment person petition plaintiff in error possession purchase question railroad reasonable recover refused Robert Peel rule Shealy Simon Brown South Carolina statute suit Superior Court Supreme Court Syllabus testator testimony tiff tion tract trial Trigg Company trustee verdict wife witness
Popular passages
Page 154 - But it is generally held that, in order to warrant a finding that negligence, or an act not amounting to wanton wrong, is the proximate cause of an injury, it must appear that the injury was the natural and probable consequence of the negligence or wrongful act, and that it ought to have been foreseen in the light of the attending circumstances.
Page 169 - The recognition of its existence even by other States, and the enforcement of its contracts made therein, depend purely upon the comity of...
Page 339 - ... if the subject of insurance be a building on ground not owned by the insured in fee simple...
Page 168 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered void. The opposition between the constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Page 86 - ... at such reasonable place as may be designated by this Company or its representative, and shall permit extracts and copies thereof to be made...
Page 298 - Nephews'; but in legal language the question whether a gift is one to a Class depends not upon these considerations, but upon the mode of gift itself, namely, — that it is a gift of an aggregate sum to a body of persons uncertain in number at the time of the gift, to be ascertained at a future time, and who are all to take in equal, or in some other definite, proportions, the share of each being dependent for its amount upon the ultimate number of persons
Page 242 - The counterclaim mentioned In the last section must be one existing in favor of a defendant and against a plaintiff, between whom a several Judgment might be had in the action...
Page 226 - Commerce, undoubtedly, is traffic, but it is something more, — it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse.
Page 182 - In effect, the motion is based on the ground that the verdict Is contrary to the law and the evidence.
Page 357 - There is no evidence in the record tending to show that the conspiracy continued after that time.