Ruling Case Law: As Developed and Established by the Decisions and Annotations Contained in Lawyers Reports Annotated, American Decisions, American Reports, American State Reports, American and English Annotated Cases, American Annotated Cases, English Ruling Cases, British Ruling Cases, United States Supreme Court Reports, and Other Series of Selected Cases, Τόμος 18William Mark McKinney, Burdett Alberto Rich Edward Thompson Company, 1917 |
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Σελίδα 24
... discharge of the accused makes a still stronger case.15 So the discharge of the accused in a criminal proceeding by the committing magistrate has been declared to end the prosecution favorably for him.16 In some jurisdictions the courts ...
... discharge of the accused makes a still stronger case.15 So the discharge of the accused in a criminal proceeding by the committing magistrate has been declared to end the prosecution favorably for him.16 In some jurisdictions the courts ...
Σελίδα 25
... Discharge upon quashing an indictment satisfies the requirement as to termination , and the same has been held true where the prosecution failed to furnish security for costs ; but a discharge of bail is considered insufficient . 19 ...
... Discharge upon quashing an indictment satisfies the requirement as to termination , and the same has been held true where the prosecution failed to furnish security for costs ; but a discharge of bail is considered insufficient . 19 ...
Σελίδα 39
... discharge if , upon the whole evidence , both of the prosecution and defense , there remains a reasonable doubt of his guilt , although it may appear that there was not only probable cause for the prosecu- tion , but a strong ...
... discharge if , upon the whole evidence , both of the prosecution and defense , there remains a reasonable doubt of his guilt , although it may appear that there was not only probable cause for the prosecu- tion , but a strong ...
Σελίδα 42
... discharge , against the complain- ing witness . On the other hand , the weight of authority is that a discharge by an examining magistrate is prima facie evidence that there is a want of probable cause for the prosecution . There is a ...
... discharge , against the complain- ing witness . On the other hand , the weight of authority is that a discharge by an examining magistrate is prima facie evidence that there is a want of probable cause for the prosecution . There is a ...
Σελίδα 43
... discharge by him should be in accordance with the general rule no evidence of want of probable cause . In such a case the prosecutor must prove not simply that the defendant is probably guilty - which would show that there was probable ...
... discharge by him should be in accordance with the general rule no evidence of want of probable cause . In such a case the prosecutor must prove not simply that the defendant is probably guilty - which would show that there was probable ...
Άλλες εκδόσεις - Προβολή όλων
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action for malicious alternative writ application assumption of risk authority Chicago Coal Colo common law Conn contract contributory negligence corporation County court courts of equity damages damus danger defendant discharge discretion doctrine duty election employee employment enforce entitled equity evidence exercise fact federal fellow servant granted infra injury issuance issue to compel judgment judicial jurisdiction jury Klipfel liability lie to compel lien Louis Louis Car Co Louisville Lumber malicious prosecution mandamus proceedings mandamus to compel mandamus will lie marriage Mass master ministerial Minn municipal Note Ohio St Okla parties Pennsylvania Co perform person plaintiff probable cause proper question reason recovery refusal relator rule statute supra Tenn tion U. S. L Wash writ of mandamus
Δημοφιλή αποσπάσματα
Σελίδα 829 - Territories and any foreign nation or nations, shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee...
Σελίδα 820 - ... in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee.
Σελίδα 819 - Act to' recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Σελίδα 204 - The conclusion from this reasoning is that, where the heads of departments are the political or confidential agents of the executive, merely to execute the will of the President, or rather to act in cases In which the executive possesses a constitutional or legal discretion, nothing can be more perfectly clear than that their acts are only politically examlnable.
Σελίδα 545 - ordinary care,' ' reasonable prudence,' and such like terms as applied to the conduct and affairs of men have a relative significance, and cannot be arbitrarily defined. What may be deemed ordinary care in one case may, under different surroundings and circumstances, be gross negligence. The policy of the law has relegated the determination of such questions to the jury, under proper instructions from the court. It is their province to note the special circumstances and surroundings of each...
Σελίδα 3 - Malice in common acceptation means ill-will against a person, but in its legal sense it means a wrongful act done intentionally without just cause or excuse.
Σελίδα 835 - When personal injury is caused to an employee who is himself in the exercise of due care and diligence at the time: 1. By reason of any defect in the condition of the ways, works, machinery, or plant, connected with or used in the business of the employer...
Σελίδα 316 - Court is bound by the decree as the law of the case; and must carry it into execution, according to the mandate.
Σελίδα 511 - The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shall excuse the performance.
Σελίδα 832 - Sec. 9. That any right of action given by this act to a person suffering injury shall survive to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee, and if none, then of such employee's parents ; and, if none, then of the next of kin dependent upon such employee ; but in such cases there shall be only one recovery for the same injury.