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 13
... suit for personal injuries is pending , to require a party to the suit , claiming to have been injured by the defendant , and for which injuries he has brought suit to recover damages , to submit to a physical examination of the injured ...
... suit for personal injuries is pending , to require a party to the suit , claiming to have been injured by the defendant , and for which injuries he has brought suit to recover damages , to submit to a physical examination of the injured ...
Page 17
... suit , when turned over to the cross- examiner , to submit his injured limb to the examination of the experts of the defendant , while on the witness stand in the presence of the jury , it is not going far to hold that this may be ...
... suit , when turned over to the cross- examiner , to submit his injured limb to the examination of the experts of the defendant , while on the witness stand in the presence of the jury , it is not going far to hold that this may be ...
Page 18
... suit , as well as all other actions , is to do equal and exact justice between the plaintiff and the defendant , and in order to attain that end , the Court must know the exact truth of the facts involved in issue , and when a party to a ...
... suit , as well as all other actions , is to do equal and exact justice between the plaintiff and the defendant , and in order to attain that end , the Court must know the exact truth of the facts involved in issue , and when a party to a ...
Page 25
... suit to recover damages , may be ordered to submit to a physical examination by a physician appointed by the Court , where the defendant has no other method of de- termining the extent of the injury , and the examination may be made ...
... suit to recover damages , may be ordered to submit to a physical examination by a physician appointed by the Court , where the defendant has no other method of de- termining the extent of the injury , and the examination may be made ...
Page 30
... suit to pay this subscription when the congregation upon the strength of this and other subscriptions has contracted for the erection of a building and has proceeded therewith . 2. SAME . Estoppel and waiver . Such subscriber cannot ...
... suit to pay this subscription when the congregation upon the strength of this and other subscriptions has contracted for the erection of a building and has proceeded therewith . 2. SAME . Estoppel and waiver . Such subscriber cannot ...
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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