Reports of the Decisions of the Court of Appeals of the State of Colorado, Volume 2Banks & Brothers, 1893 |
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Common terms and phrases
action Affirmed agent agreement alleged amend amount appears appellant appellee Arapahoe County assignment attachment attorney authority bank bill cause city of Denver claim Colo Colorado common law complaint consideration contract contributory negligence conveyance corporation counsel county court Court of Arapahoe court of equity creditors damages debt decree deed defendant in error delivered the opinion demurrer District Court ditch duty Elbert county entitled equity evidence execution fact filed forgery fraud held indictment instructions issued John Lydon judge judgment jurisdiction jury land Latcham liability lien lumber ment Messrs motion negligence ordinance Otero county owner paid parties payment person Pitkin County plaintiff in error pleadings possession premises presented proceedings proof prosecution provisions purchase purpose question railroad record recover rendered replevin reversed Rio Grande county rule statute suit supreme court sustained testimony tion trial verdict void warrant writ
Popular passages
Page 401 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Page 38 - All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws...
Page 400 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Page 495 - 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...
Page 424 - ... full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney or his substitute sh,all lawfully do or cause to be done by virtue hereof.
Page 258 - The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative, and judicial departments of the Commonwealth, interest on the public debt, and for public schools; all other appropriations shall be made by separate bills, each embracing but one subject.
Page 119 - ... citizens of the United States and those who have declared their intention to become such...
Page 191 - The courts are not bound by mere forms, nor are they to be misled by mere pretenses. They are at liberty — indeed, are under a solemn duty — to look at the substance of things whenever they enter upon the inquiry whether the legislature has transcended the limits of its authority.
Page 401 - The First Amendment of the Federal Constitution expressly guarantees that right against abridgment by Congress. But explicit mention there does not argue exclusion elsewhere. For the right is one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions — principles which the Fourteenth Amendment embodies in the general terms of its due process clause.
Page 421 - Where the primary debt subsists and was antecedently contracted, the promise to pay it is original when it is founded on a new consideration moving to the promisor and beneficial to him, and such that the promisor thereby comes under an independent duty of payment irrespective of the liability of the principal debtor.