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 20Abraham Clark Freeman Bancroft-Whitney Company, 1891 |
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Common terms and phrases
accident affirmed agent alleged appears appellant appellee application authority Bank bill bill of lading bond cause of action charge cited claim common law complaint constitution contract contributory negligence conveyance corporation counsel court of equity creditors damages debt debtor deed defendant in error defendant's demurrer dollars duty entitled equity estoppel evidence execution exempt fact fraud fraudulent held husband injury instruction Iowa Janesville Cotton Mills judgment jurisdiction jury land levy liability lien ment Minn mortgage municipal negligence officer opinion owner paid parties payment person plaintiff in error possession premises presumption proceedings proof purchaser purpose question R. R. Co R'y Co railroad reason recover riparian rule servant service of process statute sufficient suit sureties sustained therein thereof tion trial trust vendor verdict void wife witness writ
Popular passages
Page 821 - In the construction of a statute or instrument, the office of the judge is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.
Page 760 - So, in every case, where a statute enacts, or prohibits a thing for the benefit of a person, he shall have a remedy upon the same statute for the thing enacted for his advantage, or for the recompense of a wrong done to him contrary to the said law.
Page 61 - The right of every man to worship Almighty God, according to the dictates of his own conscience, shall never be infringed; nor shall any man be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments, or modes of worship...
Page 550 - that whenever by the laws of a state, or by state authority, a tax, assessment, servitude or other burden is imposed upon property for the public use, whether it be for the whole state or of some more limited portion of the community, and those laws provide for a mode of confirming or contesting the charge thus imposed, in the ordinary courts of justice, with such notice to the person, or such...
Page 207 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Page 306 - A railroad company shall be liable for any damage done to persons, stock or other property, by the running of the locomotives, or cars, or other machinery of such company, or for damage done by any person in the...
Page 794 - ... for a partition thereof, according to the respective rights of the persons interested therein, and for a sale of such property, or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.
Page 342 - ... bargained, sold and conveyed and by these presents do bargain, sell and convey unto the said John P. Wilson, his heirs and assigns...
Page 847 - The jury must determine, therefore, whether the facts constitute a continuous succession of events, so linked together that they become a natural whole, or whether the chain of events is so broken that they become independent, and the final result cannot be said to be the natural and probable consequence of the primary cause, — the negligence of the defendant.
Page 547 - 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.