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], Τόμος 2Abraham Clark Freeman Bancroft-Whitney Company, 1888 |
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Άλλες εκδόσεις - Προβολή όλων
The American State Reports: Containing the Cases of General Value ..., Τόμος 43 Πλήρης προβολή - 1895 |
Συχνά εμφανιζόμενοι όροι και φράσεις
action adverse possession affirmed agreement alleged appear appellant appellee apply assignment assignor attorney authority bailment Bank bill burglary cause charge cited claim common carriers common law complainant contract contributory negligence corporation court court of equity creditors custody damages debt debtor decree deed defendant defendant's demurrer duty enforce entered entitled equity error estoppel evidence execution facts favor fraud garnishee granted held homestead husband indorsed injury intent issued judgment jurisdiction jury laches land liable lien marriage matter ment mortgage negligence opinion owner parties passenger payment Pennsylvania person plaintiff plaintiff in error possession proceeding purchaser purpose question R. R. Co railroad company reason recover rule sheriff's deed statute statute of limitations sufficient suit supra sustained tenant testator thereof tion trial trust valid verdict void wife
Δημοφιλή αποσπάσματα
Σελίδα 125 - And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree to and with the said party of the first part...
Σελίδα 670 - In determining what is proximate cause, the true rule is that the injury must be the natural and probable consequence of the negligence ; such a consequence as, under the surrounding circumstances of the case, might and ought to have been foreseen by the wrongdoer as likely to flow from his act.
Σελίδα 273 - Where a special finding of facts shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.
Σελίδα 165 - ... one person being in fault will not dispense with another's using ordinary care for himself Two things must concur to support this action. An obstruction in the road by the fault of the defendant, and no want of ordinary care to avoid it on the part of the plaintiff.
Σελίδα 379 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any part thereof...
Σελίδα 128 - That principle is that where a corporation, like a railroad company, has granted to it by charter a franchise intended in a large measure to be exercised for the public good, the due performance of those functions being the consideration of the public grant, any contract which disables the corporation from performing those functions — which undertakes, without the consent of the state, to transfer to others the rights and powers conferred by the charter, and to relieve the grantees of the burden...
Σελίδα 691 - Dec. 581, an applicant for insurance had described the property in a written application as " his house," and it was so described in the policy. The policy contained the condition: "If the interest in the property to be insured is not absolute, it must be so represented to the company, and expressed in the policy in writing; otherwise the insurance shall be void.
Σελίδα 764 - The defendant may demur to the complaint when it shall appear upon the face thereof, either — 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action; or, 2.
Σελίδα 737 - In every action for the recovery of real property, or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law ; and the occupation of such premises by any other person, shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title, for twenty years before the commencement of such action.
Σελίδα 48 - ... the discretion which is executed here, is to be governed by the rules of law and equity, which are not to oppose, but each, in its turn, to be subservient to the other...