The Atlantic Reporter, Volume 87West Publishing Company, 1913 |
From inside the book
Results 1-5 of 100
Page 36
... motion for a correction of the finding in this respect , which motion was denied in the trial court , and exception taken to this ruling . We have examined the evidence certified , and find no reason to change the finding . After this ...
... motion for a correction of the finding in this respect , which motion was denied in the trial court , and exception taken to this ruling . We have examined the evidence certified , and find no reason to change the finding . After this ...
Page 51
... motion that the statute contemplated an examination of matters connected with the petition in term time , and that the petition should not have been made returnable in vacation . The motion to dismiss the petition was de- nied , and ...
... motion that the statute contemplated an examination of matters connected with the petition in term time , and that the petition should not have been made returnable in vacation . The motion to dismiss the petition was de- nied , and ...
Page 52
... Motion denied . Petition to be heard and determined . ( 87 Vt . 44 ) DEMICK V. BOARDMAN . WATSON , J. By V. S. 4821 , " the owner or keeper of a dog more than eight weeks old shall , annually , on or before the first day of April ...
... Motion denied . Petition to be heard and determined . ( 87 Vt . 44 ) DEMICK V. BOARDMAN . WATSON , J. By V. S. 4821 , " the owner or keeper of a dog more than eight weeks old shall , annually , on or before the first day of April ...
Page 60
... motion was made for sequestration of his property and for an attachment for contempt . After hearing the motion prevailed and the order for sequestration and attachment fol- lowed . The appellant now seeks relief from the decree on the ...
... motion was made for sequestration of his property and for an attachment for contempt . After hearing the motion prevailed and the order for sequestration and attachment fol- lowed . The appellant now seeks relief from the decree on the ...
Page 70
... MOTION TO STRIKE - ALLEGATIONS OF AN- Posing of this motion . SWER TAKEN AS TRUE . to release the mortgage of $ 174,000 upon a TRENCHARD. ( 81 N. J. Eq . 253 ) BACHARACH v . BARTLETT et al . ( Court of Chancery of New Jersey . May 2 ...
... MOTION TO STRIKE - ALLEGATIONS OF AN- Posing of this motion . SWER TAKEN AS TRUE . to release the mortgage of $ 174,000 upon a TRENCHARD. ( 81 N. J. Eq . 253 ) BACHARACH v . BARTLETT et al . ( Court of Chancery of New Jersey . May 2 ...
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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...