Leading Cases of the Court of Civil Appeals of the State of Tennessee: With Syllabi and Notes, Volume 4Press of Marshall & Bruce Company, 1914 |
From inside the book
Results 1-5 of 100
Page 2
... assignments require a brief review of the testimony heard during the trial in the Court below . We deem it unnecessary to make a de- tailed statement of the evidence in this case , or to go at length into the facts heard during the ...
... assignments require a brief review of the testimony heard during the trial in the Court below . We deem it unnecessary to make a de- tailed statement of the evidence in this case , or to go at length into the facts heard during the ...
Page 8
... assignments are overruled . Passing assignments numbers ten and eleven for the present , to be considered later in this opinion , we reach assignments twelve , thirteen , fourteen , fifteen , sixteen and seventeen , and these will all ...
... assignments are overruled . Passing assignments numbers ten and eleven for the present , to be considered later in this opinion , we reach assignments twelve , thirteen , fourteen , fifteen , sixteen and seventeen , and these will all ...
Page 11
... assign- ments are overruled . Under the eleventh assignment , it is insisted that the Court erred in refusing to order the plaintiff below to submit to an examination by expert physicians and sur- geons upon the motion of the defendant ...
... assign- ments are overruled . Under the eleventh assignment , it is insisted that the Court erred in refusing to order the plaintiff below to submit to an examination by expert physicians and sur- geons upon the motion of the defendant ...
Page 15
... assign- ments Mr. Justice Cooper said : " The authorities cited in support of this objection are merely cases in which ... assignment , and is , therefore , dictum . These statements , however , of these learned jurists , in- dicate the ...
... assign- ments Mr. Justice Cooper said : " The authorities cited in support of this objection are merely cases in which ... assignment , and is , therefore , dictum . These statements , however , of these learned jurists , in- dicate the ...
Page 42
... assignment of error is that the Chancellor erred in sus- taining the demurrer to the bill , The sole question in this case is , " Does a coal company that sells coal to a contractor or sub - contractor which he uses in generating steam ...
... assignment of error is that the Chancellor erred in sus- taining the demurrer to the bill , The sole question in this case is , " Does a coal company that sells coal to a contractor or sub - contractor which he uses in generating steam ...
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Common terms and phrases
action agent alleged amount Appeal in error assignment of error authority averred bank bond cause certiorari denied Chancellor Chancery Court charge Circuit Court Claiborne County claim common law complainant conductor contract contributory negligence Court of Equity damages Davidson County debt declaration decree deed defendant in error delivered the opinion demurrer duty Dyer County election entitled evidence fact fendant Ferguson filed furnished held holding husband injury insisted issue Johnson judgment jurisdiction jury justice Knox County land learned counsel liable lien matter ment motion Nashville negligence non est factum owner Parkey party passenger payment petition plaintiff in error plea pleadings possession purchase question railroad company railway company reason recover Reicon rents rule separate estate servant Shannon's Code Shelby County statute suit Supreme Court surety sustained tenant Tenn Tennessee term thereof thirty-six acres ticket tion trial Judge verdict wife Writ of certiorari
Popular passages
Page 531 - The question always is, was there an unbroken connection between the wrongful act and the injury, — a continuous operation? Did the facts constitute a continuous succession of events, so linked together as to make a natural whole, or was there some new and independent cause intervening between the wrong and the injury?
Page 394 - The vital principle is that he who by his language or conduct leads another to do what he would not otherwise have done, shall not subject such person to loss or injury by disappointing the expectations upon which he acted. Such a change of position is sternly forbidden. It involves fraud and falsehood, and the law abhors both.
Page 512 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Page 501 - The laws of the United States are laws in the several States, and just as much binding on the citizens and courts thereof as the state laws are. "The United States is not a foreign sovereignty, as regards the several States, but is a concurrent and, within its jurisdiction, paramount sovereignty.
Page 498 - Any common carrier subject to the provisions of this Act, upon application of any lateral, branch line of railroad, or of any shipper tendering interstate traffic for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection with any such lateral, branch...
Page 499 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Page 501 - If an Act of Congress gives a penalty (meaning civil and remedial) to a party aggrieved, without specifying a remedy for its enforcement, there is no reason why it should not be enforced, if not provided otherwise by some Act of Congress, by a proper action in a State Court.
Page 513 - A person secondarily liable on the instrument is discharged: 1. By any act which discharges the instrument; 2. By the intentional cancellation of his signature by the holder; 3. By the discharge of a prior party; 4. By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved; 6.
Page 20 - The Inviolability of the person is as much invaded by a compulsory stripping and exposure as by a blow. To compel any one, and especially a woman, to lay bare the body, or to submit it to the touch of a stranger, without lawful authority, is an indignity, an assault, and a trespass...
Page 512 - primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are "secondarily