Reports of Cases in Law and Equity, Determined in the Supreme Court of the State of Iowa, Τόμος 33E. W. Stephens, 1873 |
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Αποτελέσματα 1 - 5 από τα 83.
Σελίδα 9
... Instruction : ASSUMPTION OF FACTS . An assumption by the court in an instruction to the jury in a criminal prosecution , that certain statements made by the defendant amount to a confession , when in fact they merely furnish evidence to ...
... Instruction : ASSUMPTION OF FACTS . An assumption by the court in an instruction to the jury in a criminal prosecution , that certain statements made by the defendant amount to a confession , when in fact they merely furnish evidence to ...
Σελίδα 11
... instruction was based upon the statements of the defendant , above set out , and was erroneous and prejudicial to the accused . A confession , according to Webster , is " the acknowledg- ment of a crime or fraud , " etc .; Bouvier ...
... instruction was based upon the statements of the defendant , above set out , and was erroneous and prejudicial to the accused . A confession , according to Webster , is " the acknowledg- ment of a crime or fraud , " etc .; Bouvier ...
Σελίδα 12
... instruction was also erroneous , to the defendant's prejudice . It was sufficient to entitle the defendant to an acquittal , if the jury failed to find from the evidence that he was in any manner engaged in the stealing of the horse ...
... instruction was also erroneous , to the defendant's prejudice . It was sufficient to entitle the defendant to an acquittal , if the jury failed to find from the evidence that he was in any manner engaged in the stealing of the horse ...
Σελίδα 15
... instructions . In our opinion the instructions were correct . They are in accord with the holding of this court in ... instruction that there must be a physical and visible presence at the time the words were uttered , we should be ...
... instructions . In our opinion the instructions were correct . They are in accord with the holding of this court in ... instruction that there must be a physical and visible presence at the time the words were uttered , we should be ...
Σελίδα 16
... instruction explaining fully to the jury the legal meaning of the word " presence , " as applied to the circumstances of this case , and it had been refused , there might have been some ground for complaint . But we could not reverse ...
... instruction explaining fully to the jury the legal meaning of the word " presence , " as applied to the circumstances of this case , and it had been refused , there might have been some ground for complaint . But we could not reverse ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
action Affirmed agent agreement alleged amount answer appellee assignment attorney authority avers bankrupt bankruptcy breach cause circuit court City R. R. Co claim commenced contract counsel court of equity creditor damages debt debtor DECEMBER 21 decree deed defendant defendant's delivered demurrer district court Dubuque & Sioux entitled equity error estoppel evidence execution fact February FEBRUARY 24 filed foreclosure fraud garnishee grain held Hines & Eames indictment indorsed instruction Iowa Isett issued judgment jurisdiction jury land levy liable lien ment mortgage motion Muscatine county negligence notice opinion overruled paid party payment performance person petition plaintiff pleading possession proceedings promissory note provides purchase question railroad received record recover refused rendered replevin Richmond rule Sioux City R. R. sold statute statute of limitations suit sustained taxes term thereof tiff tion trial verdict void witness
Δημοφιλή αποσπάσματα
Σελίδα 520 - From this method of interpreting laws by the reason of them, arises what we call equity, which is thus defined by Grotius : "the correction of that wherein the law (by reason of its universality) is deficient.
Σελίδα 185 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Σελίδα 627 - Government supplies, mails, freight, and property on their way from any State to another State, and to receive compensation therefor, and to connect with roads of other States so as to form continuous lines for the transportation of the same to the place of destination.
Σελίδα 64 - ... such assignment shall relate back to the commencement of the proceedings in bankruptcy, and by operation of law shall vest the title to all such property and estate, both real and personal, in the assignee...
Σελίδα 102 - ... to appear and show cause why the prayer of the petition should not be granted...
Σελίδα 614 - We live in deeds, not years; in thoughts, not breaths; In feelings, not in figures on a dial. We should count time by heart throbs. He most lives Who thinks most — feels the noblest — acts the best.
Σελίδα 529 - That all murder, which shall be perpetrated by means of poison, or by lying in wait, or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration or attempt to perpetrate any arson, rape, robbery, or burglary, shall be deemed murder of the first degree ; and all other kinds of murder shall be deemed murder in the second degree...
Σελίδα 14 - In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory, and any mitigating circumstances, to reduce the amount of damages; and whether he prove the justification or not, he may give in evidence the mitigating circumstances.
Σελίδα 67 - ... effects, and may prosecute and defend all suits at law or in equity, pending at the time of the adjudication of bankruptcy, in which such bankrupt is a party in his own name, in the same manner and with the like effect as they might have been ' presented or defended by such bankrupt...
Σελίδα 476 - ... claim a writ of injunction against the repetition or continuance of such breach of contract or other injury, or the committal of any breach of contract or injury of a like kind, arising out of the same contract, or relating...