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 79Abraham Clark Freeman Bancroft-Whitney Company, 1901 |
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Page 22
... POSSESSION . - Where a defendant , who is in the actual possession of land in good faith , claiming title thereto , sells a house thereon which is severed from the land and removed by the vendee , one out of possession cannot , in an ...
... POSSESSION . - Where a defendant , who is in the actual possession of land in good faith , claiming title thereto , sells a house thereon which is severed from the land and removed by the vendee , one out of possession cannot , in an ...
Page 23
... possession and occu- pancy 40 of all of the premises and property described in plain- tiff's complaint , and residing thereon together with her hus- band and family . That at all times herein mentioned said de- fendant Sarah I. Foulke ...
... possession and occu- pancy 40 of all of the premises and property described in plain- tiff's complaint , and residing thereon together with her hus- band and family . That at all times herein mentioned said de- fendant Sarah I. Foulke ...
Page 24
... possession of the land , claiming title thereto . Of course , to exclude plaintiff's right to sue for the personal property , defendant must have the adverse possession , claiming title . " The evidence all shows that the claim of title ...
... possession of the land , claiming title thereto . Of course , to exclude plaintiff's right to sue for the personal property , defendant must have the adverse possession , claiming title . " The evidence all shows that the claim of title ...
Page 38
... possession of the leased premises for all of the year 1896. Plaintiff could not have performed the contract until he had given defendant the possession for the full year . It is argued by plaintiff that subdivision 5 of the section has ...
... possession of the leased premises for all of the year 1896. Plaintiff could not have performed the contract until he had given defendant the possession for the full year . It is argued by plaintiff that subdivision 5 of the section has ...
Page 52
... possession . To limit the use and enjoyment of property by legislative action is not to take it away from the owner , when the property whose use and enjoyment are so limited is invested in a business af- fected with a public use , or ...
... possession . To limit the use and enjoyment of property by legislative action is not to take it away from the owner , when the property whose use and enjoyment are so limited is invested in a business af- fected with a public use , or ...
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Common terms and phrases
affinity affirmed agreement alleged amendment amount appellant appellee applied appointed assessments assignment attorney's fee attorneys authority bank cause of action Cedar City claim Code complaint consanguinity constitution contract contributory negligence corporation court of equity creditors damages death debt deceased decedent declared decree deed defendant defendant's dollars duty employés entitled equity evidence exercise fact favor filed foreclosure guaranty heirs held husband injury insured interest judge judgment jurisdiction jury Kreuzberger land legislature liability marriage ment Minn monographic note mortgage negligence owner paid party payment person plaintiff plaintiff in error premises probate court proceeding promissory note purchase purpose question railroad reason recover rule sell statute statute of limitations street suit testator therein thereof tion trial trust valid void wife William Frederick Williams
Popular passages
Page 555 - Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive...
Page 633 - To justify the state in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference ; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Page 569 - The time within which an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last. If the last day be Sunday, it shall be excluded.
Page 909 - It is undoubtedly settled law that a judgment of a court of competent jurisdiction, upon a question directly involved in one suit, is conclusive as to that question in another suit between the same parties. But to this operation of the judgment it must appear, either upon the face of the record or be shown by extrinsic evidence, that the precise question was raised and determined in the former suit.
Page 878 - Any county, city, school district, or other municipal corporation incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same.
Page 328 - ... this policy shall be valid without such assent for five days thereafter, — or if, without such assent, the situation or circumstances affecting the risk shall, by or with the knowledge, advice, agency, or consent of the insured, be so altered as to cause an increase of such risks...
Page 562 - I do solemnly swear (or affirm, as the case may be) that I will support the constitution of the United States, and the constitution of the state of New York ; and that I will faithfully discharge the duties of the office of according to the best of my ability.
Page 908 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 332 - Every person has a right, under the law, as between himself and his fellow subjects, to full freedom in disposing of his own labor or his own capital according to his own will. It follows that every other person is subject to the correlative duty arising therefrom, and is prohibited from any obstruction to the fullest exercise of this right which can be made compatible with the exercise of similar rights by others.
Page 260 - ... kept, used, or allowed on the above described premises, benzine, benzole, dynamite, ether, fireworks, gasoline, greek fire, gunpowder exceeding twenty-five pounds in quantity, naphtha, nitro-glycerine or other explosives, phosphorus or petroleum or any of its products of greater inflammability than kerosene oil of the United States standard...