Delaware Reports: Containing Cases Decided in the Supreme Court (excepting Appeals from the Chancellor) and the Superior Court and the Orphans Court of the State of Delaware, Τόμος 9David Thomas Marvel, John W. Houston, Samuel Maxwell Harrington, William Henry Boyce, James Pennewill, William Watson Harrington, William J. Storey, Charles L. Terry Mercantile Print. Company, 1875 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action aforesaid afterward agreement alleged amount assumpsit Baltimore Bank barges bill of lading bond Castle County cent Chancellor charge charter circumstances claim clause complainant constitute contract corporation Court of Chancery court of equity creditors debts decree deed defendant Delaware devise Dillon evidence execution executor fact farm feet fraud fraudulent Garman Gilpin ground Harr Horsey indorsed injury interest Jersey Southern Railroad John John McDowell judgment jury land loan Maclary matter McComb McDowell and wife ment negligence owner paid parties partnership passengers payment person Philadelphia plaintiff Plunkett Port Deposit possession premises profits promissory note proof proved provision purchase question Railroad Company real estate reason rent respect rule share sold specific performance statute statute of distributions Stockley suit tenant thousand dollars tion tract transaction usurious whole estate widow Wilmington witness Woolston
Δημοφιλή αποσπάσματα
Σελίδα 581 - The true test of the interest of a witness is, that he will either gain or lose by the direct legal operation and effect of the judgment, or that the record will be legal evidence for or against him in some other action.
Σελίδα 415 - I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible, out of the first moneys that shall come into the hands of my executor from any portion of my estate, real or personal.
Σελίδα 525 - Sic utere tuo ut alienum non Icedas,' which, being of universal application, it must, of course, be within the range of legislative action to define the mode and manner in which every one may so use his own as not to injure others.
Σελίδα 143 - Secondly, it may be apparent from the intrinsic nature and subject of the bargain itself; such as no man in his senses, and not under delusion, would make on the one hand, and as no honest and fair man would accept on the other; which are inequitable and unconscientious bargains, and of such even the Common Law has taken notice.
Σελίδα 494 - It may be true that if my land adjoins that of another, and I have not by building increased the weight upon my soil, and my neighbour digs in his land so as to occasion mine to fall in, he may be liable to an action.
Σελίδα 373 - Yet it is apparent, that if giving this form to the contract will afford a cover which conceals it from judicial investigation, the statute would become a dead letter. Courts, therefore, perceived the necessity of disregarding the form, and examining into the real nature of the transaction. If that be in fact a loan, no shift or device will protect it.
Σελίδα 27 - I do give, devise, and bequeath to all children already born, or to be born of my said daughter, and to their heirs and assigns forever, as tenants in common, and not as joint tenants.
Σελίδα 197 - It is a just and well-settled doctrine established by this court, that a State cannot do that indirectly which she is forbidden by the constitution to do directly. If she cannot levy a duty or tax from the master or owner of a vessel engaged in commerce graduated on the tonnage or admeasurement of the vessel, she cannot effect the same purpose by merely changing the ratio, and graduating it on the number of masts, or of mariners, the size and power of the steam engine, or the number of passengers...
Σελίδα 525 - It was further said that, by the general police power of a state, "persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state; of the perfect right of the legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
Σελίδα 50 - ... if the contract was carried into execution, was sufficient to determine the discretion of the court not to interfere, but to leave the parties to the law.