The Atlantic Reporter, Volume 87West Publishing Company, 1913 |
From inside the book
Results 1-5 of 100
Page 23
... APPEAL AND ERROR ( § 357 * ) - DELAY_IN not filing the appeal in time are those con- TAKING APPEAL - FACTS JUSTIFYING RE - tained in the petition , above quoted , and the See , also , 87 Atl . 212 . Action. ( 35 R. I. 367 ) BOLSTER v ...
... APPEAL AND ERROR ( § 357 * ) - DELAY_IN not filing the appeal in time are those con- TAKING APPEAL - FACTS JUSTIFYING RE - tained in the petition , above quoted , and the See , also , 87 Atl . 212 . Action. ( 35 R. I. 367 ) BOLSTER v ...
Page 24
... appeal had to be claimed within the 40 days , as appears from said affidavit of C. Fred Crawford , and he knew that the 4th day of November , 1912 , was the last day on which the appeal could be claimed , as appears also from said affi ...
... appeal had to be claimed within the 40 days , as appears from said affidavit of C. Fred Crawford , and he knew that the 4th day of November , 1912 , was the last day on which the appeal could be claimed , as appears also from said affi ...
Page 30
... APPEAL AND ERROR ( 8 854 * ) GIVEN FOR CORRECT DECISION . - Where the jury was properly instructed to find for the executors , contestees of the will , on the issue whether it was executed according to the law , although the reason ...
... APPEAL AND ERROR ( 8 854 * ) GIVEN FOR CORRECT DECISION . - Where the jury was properly instructed to find for the executors , contestees of the will , on the issue whether it was executed according to the law , although the reason ...
Page 38
... APPEAL AND ERROR ( § 909 * ) - RECORDS- PRESUMPTIONS . On appeal in an action on behalf of those who contended that a legatee was not entitled to the accrued interest upon his legacy , the enjoyment of which was deferred , it will be ...
... APPEAL AND ERROR ( § 909 * ) - RECORDS- PRESUMPTIONS . On appeal in an action on behalf of those who contended that a legatee was not entitled to the accrued interest upon his legacy , the enjoyment of which was deferred , it will be ...
Page 74
... APPEAL - RECORD - MATTERS INCLUded . occurred : ". [ 1 , 2 ] Consequently the court could not nonsuit on the ground stated if there was any conflict between the evidence of plain- tiff and that of defendant on the facts re- quired to ...
... APPEAL - RECORD - MATTERS INCLUded . occurred : ". [ 1 , 2 ] Consequently the court could not nonsuit on the ground stated if there was any conflict between the evidence of plain- tiff and that of defendant on the facts re- quired to ...
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Common terms and phrases
action affirmed agreement alleged amount appellee attorney authority Baltimore Baltimore county bill bond Bristol Counties cause Cent charge claim complainant Conn contract contributory negligence corporation counsel Court of Chancery court of equity death deceased declaration decree deed defendant defendant's demurrer dence duty employé entitled equity evidence exceptions executed executor fact fendant filed Gaver held indictment injury intention issue Jersey City judge judgment June June 18 jurisdiction jury justice land liability MASTER AND SERVANT matter ment motion N. J. Eq N. J. Law N. J. Sup negligence nonsuit Note Note.-For opinion paid parties payment person petition plaintiff plaintiff in error plea Primary Election probate proceedings Providence purpose question railroad reason Rhode Island rule statute suit superior court Supreme Court testator testimony thereof tiff tion town trial trust verdict witness
Popular passages
Page 214 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity...
Page 412 - Those, then, who controvert the principle that the constitution is to be considered in court as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution and see only the law.
Page 60 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 40 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 319 - Now, if the special circumstances under which the contract was actually made, were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Page 8 - ... to appear and show cause why the prayer of the petition should not be granted...
Page 319 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally — ie, according to the usual course of things, from such breach of contract itself — or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.
Page 391 - Bostwick left a last will and testament which was duly admitted to probate by the surrogate of the county of New York, wherein it was provided, among other things, that one-third of his residuary estate was directed to be paid over to the Farmers' Loan & Trust Company to be held by it in trust for the life of Helen C.
Page 412 - It would declare, that an act, which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare, that if the legislature shall do, what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and...
Page 215 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...