The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], Volume 62Abraham Clark Freeman Bancroft-Whitney Company, 1898 |
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Common terms and phrases
affirmed agent alleged amount appellant appellee applied attorney authority averred Bank bill cause of action charge choses in action claim common carrier common law complaint consent constitution contract corporation counsel court court of equity creditor damages debt deceased declared decree deed defendant defendant's demurrer dollars duty employés entitled equity error evidence execution express company fact fraud held husband indorsed injury instructions intention interest issue judgment judicial jurisdiction jury land legislature liability lien marriage matter ment monographic note mortgage motion negligence notice opinion ordinance owner parties payment personal property plaintiff plaintiff in error purchase purpose question quo warranto R. R. Co railroad company railway reason recover rendered residence rule servant statute taxable taxation testator thereof tion trial usury verdict void
Popular passages
Page 346 - That no contract for the sale of any goods, wares, and merchandises, for the price of ten pounds sterling or upwards shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or that some note or memorandum in writing of the said bargain, be made and signed by the parties to be charged by such contract, or their agents thereunto lawfully authorized.
Page 282 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Page 311 - ... the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under the United States, and the decision is against...
Page 896 - ... upon a failure to comply with these conditions, the claim or mine upon which such failure occurred shall be open to relocation in the same manner as If no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives, have not resumed work upon the claim after failure and before such location.
Page 41 - Any person may be made a defendant who has or claims an interest in the controversy adverse to the plaintiff, or who is a necessary party to a complete determination or settlement of the question involved therein.
Page 481 - ... is necessarily vested in the legislature to determine, not only what the interests of the public require, but what measures are necessary for the protection of such interests.
Page 471 - It is sufficient for the present to say, generally, that when the importer has so acted upon the thing imported that it has become incorporated and mixed up with the mass of property in the country, it has, perhaps, lost its distinctive character as an import, and has become subject to the taxing power of the state...
Page 57 - If fire occur the insured shall give Immediate notice of any loss thereby In writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put It In the best possible order, make a complete Inventory of the same stating the quantity and cost of each article and the amount claimed thereon, and, within sixty days after the fire, unless...
Page 360 - No interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest.
Page 295 - We know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts.