Leading Cases of the Court of Civil Appeals of the State of Tennessee: With Syllabi and Notes, Volume 4Press of Marshall & Bruce Company, 1914 |
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Results 1-5 of 65
Page 50
... referred to , because , from the char- acter of the work of construction and the length of time required , they were necessarily consumed or destroyed in the use of the same within a few hours or days , while some would last for months ...
... referred to , because , from the char- acter of the work of construction and the length of time required , they were necessarily consumed or destroyed in the use of the same within a few hours or days , while some would last for months ...
Page 52
... referred to . 1. The liberal rule of construction applied to the mechanic's lien law to carry out the intention of the Leg- islature in enacting it will be applied to what may be called the railroad lien law . 2. Liberality of ...
... referred to . 1. The liberal rule of construction applied to the mechanic's lien law to carry out the intention of the Leg- islature in enacting it will be applied to what may be called the railroad lien law . 2. Liberality of ...
Page 59
... referred to the time of the making of the contract , and the relation regarded as commencing and continuing from that time , " and that this was true as to third parties ac- quiring rights with notice of the relations of the parties ...
... referred to the time of the making of the contract , and the relation regarded as commencing and continuing from that time , " and that this was true as to third parties ac- quiring rights with notice of the relations of the parties ...
Page 62
... referred to go even further than it is necessary to go in the case at bar to charge him with that notice . The settlement of this question , however , is not conclu- sive of the case , for it is next insisted by counsel for ap- Ferguson ...
... referred to go even further than it is necessary to go in the case at bar to charge him with that notice . The settlement of this question , however , is not conclu- sive of the case , for it is next insisted by counsel for ap- Ferguson ...
Page 63
... referred to , as is found in the Code , is as follows : " The rents and profits of any property or estate of a married woman , which she owns or may become seized or possessed of , either by purchase , devise , gift , or in- heritance ...
... referred to , as is found in the Code , is as follows : " The rents and profits of any property or estate of a married woman , which she owns or may become seized or possessed of , either by purchase , devise , gift , or in- heritance ...
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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