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 120Abraham Clark Freeman Bancroft-Whitney Company, 1908 |
From inside the book
Results 1-5 of 100
Page 29
... plaintiff and received a bond for the title , and has paid of the purchase price all except a sum designated , which sum the tenant pleads that he is willing to pay if the plaintiff will accept it , may be struck out on motion of the ...
... plaintiff and received a bond for the title , and has paid of the purchase price all except a sum designated , which sum the tenant pleads that he is willing to pay if the plaintiff will accept it , may be struck out on motion of the ...
Page 30
... plaintiff is the owner of the lands in his complaint described . He denies that he rented the lands or the buildings thereon from the plaintiff for the year 1905 , or that he entered upon the lands as the tenant of plaintiff . He denies ...
... plaintiff is the owner of the lands in his complaint described . He denies that he rented the lands or the buildings thereon from the plaintiff for the year 1905 , or that he entered upon the lands as the tenant of plaintiff . He denies ...
Page 31
... plaintiff take nothing by his suit , that he be adjudged entitled to the possession of the lands , and for costs and other relief . " Plaintiff filed a motion to strike from the answer the fol- lowing parts , to wit : day of " Defendant ...
... plaintiff take nothing by his suit , that he be adjudged entitled to the possession of the lands , and for costs and other relief . " Plaintiff filed a motion to strike from the answer the fol- lowing parts , to wit : day of " Defendant ...
Page 73
... plaintiff , and cannot claim inno- cence of knowledge concerning the plaintiff's rights . The plaintiff testified that at the time of his purchase he talked to Simons , one of the defendants , concerning it , and that the latter knew of ...
... plaintiff , and cannot claim inno- cence of knowledge concerning the plaintiff's rights . The plaintiff testified that at the time of his purchase he talked to Simons , one of the defendants , concerning it , and that the latter knew of ...
Page 79
... plaintiff's authority to sell the land was revoked by him before the sale , and that the plain- tiff was not ... plaintiff , a real estate agent , for sale , agreeing to accept for the same the sum of $ 2,000 net , and to allow plaintiff ...
... plaintiff's authority to sell the land was revoked by him before the sale , and that the plain- tiff was not ... plaintiff , a real estate agent , for sale , agreeing to accept for the same the sum of $ 2,000 net , and to allow plaintiff ...
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Common terms and phrases
action adverse possession alleged appellant appellee application authority ballot Bank bill cause circuit court cited claim common law complaint constitution contract corporation court of equity damages declared decree deed defendant defendant's discharge dollars duty entitled equity error estoppel evidence execution fact fee simple filed guardian held Hernando county homestead husband injury interest Iowa judge judgment jurisdiction jury land lease legislature liability lien Manternach ment Minn mortgage municipal municipal corporation N. Y. Supp negligence notice nuisance ordinance Oregon County owner parties payment person petition plaintiff plaintiff in error possession premises proceeding purchaser purpose question quitclaim deed railroad company real estate reason rendered rule statute street suit tenant testator thereof tion trial ultra vires unlawful detainer valid void wife Yantis
Popular passages
Page 398 - ... be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the two so chosen shall first select a competent and disinterested umpire; the appraisers together shall then estimate and appraise the loss, stating separately sound value and damage, and, failing to agree shall submit their differences to the umpire; and the award in writing of any two shall determine the amount of such loss...
Page 942 - Courts, justices of the peace, and such other courts, Inferior to the Supreme Court, as may be provided by law; and all courts of record shall have a s-sl.
Page 398 - This company shall not be held to have waived any provision or condition of this policy or any forfeiture thereof by any requirement, act, or proceeding on its, part relating to the appraisal or to any examination herein provided for; and the loss shall not become payable until sixty days after the notice, ascertainment, estimate, and satisfactory proof of the loss herein required have been received by this company, including an award by appraisers when appraisal has been required.
Page 980 - ... for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 814 - The limitations which this statute places upon her contractual powers, upon her right to agree with her employer as to the time she shall labor, are not imposed solely for her benefit, but also largely for the benefit of all.
Page 485 - No action may be brought upon any contract for the sale or other disposition of land or any interest in land, unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged or by some other person thereunto by him lawfully authorised.
Page 299 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...
Page 586 - Rights of property, like all other social and conventional rights, are subject to such reasonable limitations in their enjoyment, as shall prevent them from being injurious, and to such reasonable restraints and regulations established by law, as the legislature, under the governing and controlling power vested in them by the constitution, may think necessary and expedient.
Page 754 - The general principle announced in numerous cases is that a right, question or fact distinctly put in issue and directly determined by a court of competent jurisdiction, as a ground of recovery, cannot be disputed in a subsequent suit between the same partes or their privies; and even if the second suit is for a different cause of action, the right, question or fact once so determined must, as between the same parties or their privies, be taken as conclusively established, so long as the judgment...
Page 939 - delinquent child" shall include any child under the age of sixteen (16) years who violates any law of this state or any city or village ordinance, or who is incorrigible, or who knowingly associates with thieves, vicious or immoral persons, or who is growing up in idleness or crime, or who knowingly visits or enters a house of...