The Atlantic Reporter, Volume 87West Publishing Company, 1913 |
From inside the book
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Page 108
... parties to this litigation as those rights stood at the time of the death of the testator . I consider the agreement as one of mere in- demnity and as an instrument to which the complainant may resort in case any claim shall be ...
... parties to this litigation as those rights stood at the time of the death of the testator . I consider the agreement as one of mere in- demnity and as an instrument to which the complainant may resort in case any claim shall be ...
Page 121
... parties in virtue of a conveyance to him of the lands in question , which conveyance is set out and described . This would seem to be tantamount to the averment of a partner- ship made out by documentary evidence . However , this ...
... parties in virtue of a conveyance to him of the lands in question , which conveyance is set out and described . This would seem to be tantamount to the averment of a partner- ship made out by documentary evidence . However , this ...
Page 146
... parties . This rule manifestly casts the burden of proof on the party claiming under the lost instrument , and it is quite consonant with reason that the burden of proof should not only be sustained by him , but that the evi- dence as ...
... parties . This rule manifestly casts the burden of proof on the party claiming under the lost instrument , and it is quite consonant with reason that the burden of proof should not only be sustained by him , but that the evi- dence as ...
Page 151
... parties to outside parties derogatory to the plaintiff . The real defense appears only in the last two or three lines where it is averred that , according to the fair and [ 8 ] The fourth defense is the same as the third , except that ...
... parties to outside parties derogatory to the plaintiff . The real defense appears only in the last two or three lines where it is averred that , according to the fair and [ 8 ] The fourth defense is the same as the third , except that ...
Page 155
... parties ' mother died seised , allegations of the answer , setting out the source from which she derived her title ... PARTIES MORTGAGEES . - In a suit to partition land devised to plaintiffs and defendants by their father , a mortgagee ...
... parties ' mother died seised , allegations of the answer , setting out the source from which she derived her title ... PARTIES MORTGAGEES . - In a suit to partition land devised to plaintiffs and defendants by their father , a mortgagee ...
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Common terms and phrases
action affirmed agreement alleged amount appellee attorney authority Baltimore Baltimore county bill bond Bristol Counties cause Cent charge claim complainant Conn contract contributory negligence corporation counsel Court of Chancery court of equity death deceased declaration decree deed defendant defendant's demurrer dence duty employé entitled equity evidence exceptions executed executor fact fendant filed Gaver held indictment injury intention issue Jersey City judge judgment June June 18 jurisdiction jury justice land liability MASTER AND SERVANT matter ment motion N. J. Eq N. J. Law N. J. Sup negligence nonsuit Note Note.-For opinion paid parties payment person petition plaintiff plaintiff in error plea Primary Election probate proceedings Providence purpose question railroad reason Rhode Island rule statute suit superior court Supreme Court testator testimony thereof tiff tion town trial trust verdict witness
Popular passages
Page 214 - ... (3) have not been duly scheduled in time for proof and allowance, with the name of the creditor, if known to the bankrupt, unless such creditor had notice or actual knowledge of the proceedings in bankruptcy; or (4) were created by his fraud, embezzlement, misappropriation or defalcation while acting as an officer or in any fiduciary capacity...
Page 412 - Those, then, who controvert the principle that the constitution is to be considered in court as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution and see only the law.
Page 60 - Every law that alters the legal rules of evidence and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
Page 40 - The records and judicial proceedings of the courts of any state or territory, or of any such country, shall be proved or admitted in any other court within the United States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, that the said attestation is in due form.
Page 319 - Now, if the special circumstances under which the contract was actually made, were communicated by the plaintiffs to the defendants, and thus known to both parties, the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances, so known and communicated.
Page 8 - ... to appear and show cause why the prayer of the petition should not be granted...
Page 319 - 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 the contract, as the probable result of the breach of it.
Page 391 - Bostwick left a last will and testament which was duly admitted to probate by the surrogate of the county of New York, wherein it was provided, among other things, that one-third of his residuary estate was directed to be paid over to the Farmers' Loan & Trust Company to be held by it in trust for the life of Helen C.
Page 412 - It would declare, that an act, which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare, that if the legislature shall do, what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and...
Page 215 - That no debt created by the fraud or embezzlement of the bankrupt, or by his defalcation as a public officer, or while acting in any fiduciary character, shall be discharged under this act...