The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Τόμος 12Bancroft-Whitney, 1874 |
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Αποτελέσματα 1 - 5 από τα 83.
Σελίδα 20
... recover . PERLEY , C. J. , said , " The contract between the plaintiffs and the defendants must be implied from the facts stated in the agreed case . * * * The general question is , whether the defendants undertook for the ...
... recover . PERLEY , C. J. , said , " The contract between the plaintiffs and the defendants must be implied from the facts stated in the agreed case . * * * The general question is , whether the defendants undertook for the ...
Σελίδα 22
... recover ; otherwise , it seems to us the case is with the defendants . " The same judge , in his work on the Law of Railways , vol . 2 , sec . 180 , 3 , says : " There are many cases where the American courts have held the carrier ...
... recover ; otherwise , it seems to us the case is with the defendants . " The same judge , in his work on the Law of Railways , vol . 2 , sec . 180 , 3 , says : " There are many cases where the American courts have held the carrier ...
Σελίδα 23
... recover . The opinions of the English judges in Muschamp's case , on the prima facie weight of the evidence , were mistaken for opinions of law , and the court said , " We cannot concur in that view of the law . " The real difference ...
... recover . The opinions of the English judges in Muschamp's case , on the prima facie weight of the evidence , were mistaken for opinions of law , and the court said , " We cannot concur in that view of the law . " The real difference ...
Σελίδα 48
... recover the amount of defendant's bids , it was held that the contract of sale was an entirety and , therefore , within the statute of frauds , but that the delivery of the stable stock carried the transaction without the operation of ...
... recover the amount of defendant's bids , it was held that the contract of sale was an entirety and , therefore , within the statute of frauds , but that the delivery of the stable stock carried the transaction without the operation of ...
Σελίδα 49
... recover back with interest the money paid upon the lots to which defendant could give no title . Held , also , that the vendor was obliged to give separate deeds of the several lots , if required , and his offer to execute one deed for ...
... recover back with interest the money paid upon the lots to which defendant could give no title . Held , also , that the vendor was obliged to give separate deeds of the several lots , if required , and his offer to execute one deed for ...
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Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
action alleged applied ASSUMPSIT authority bank bill Boston carry cause charge cited citizens claim common carriers common law Commonwealth Concord & Montreal constitution contract corporation court of equity creditor damages debt decided decision declaration decree deed defendant defendant's delivered doctrine duty easement eminent domain entitled equitable estoppel equity estopped estoppel evidence execution express fact fraud Gilchrist Gray ground held indictment indorsed injury intended interest judge judgment jurisdiction jury justice Kansas Pacific Railway land Leavenworth County legislative legislature liable license manslaughter ment Montreal Railroad obligation opinion owner paid parcel pardon party payment person plaintiff in error possession post-office principle provision purchaser purpose question R. R. Co railroad company reason received recover replevin rule says sold statute statute of frauds suit supreme court surety tenant tion trespass trial United verdict void
Δημοφιλή αποσπάσματα
Σελίδα 527 - No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism, but the theory of necessity on which it is based is false; for the government, within the Constitution, has all the powers granted to it which are necessary to preserve its existence; as has been happily proved by the result of the great effort to throw off its...
Σελίδα 526 - It would amount to nothing more than the supreme command and direction of the military and naval forces, as first general and admiral of the Confederacy; while that of the British king extends to the declaring of war and to the raising and regulating of fleets and armies — all which, by the Constitution under consideration, would appertain to the legislature.
Σελίδα 527 - The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances. No doctrine, involving more pernicious consequences, was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government.
Σελίδα 472 - No person shall be subject to be twice put in jeopardy for the same offense; nor shall he be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use, without just compensation.
Σελίδα 529 - I repeat the declaration made a year ago, that " while I remain in my present position I shall not attempt to retract or modify the emancipation proclamation, nor shall I return to slavery any person who is free by the terms of that proclamation, or by any of the acts of Congress.
Σελίδα 538 - State, may remove such suit into the circuit court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court...
Σελίδα 433 - Where the fundamental law has not limited, either in terms or by necessary implication, the general powers conferred upon the Legislature, we cannot declare a limitation under the notion of having discovered something in the spirit of the Constitution which is not even mentioned in the instrument...
Σελίδα 426 - Court for, the owner, and no right of way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money or ascertained and paid into Court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in a Court of record, as shall be prescribed by law.
Σελίδα 508 - In order to come within the provision of the constitution of the United States which declares that no state shall pass any law impairing the obligation of contracts...
Σελίδα 702 - No person can be convicted of a public offense unless by the verdict of a jury, accepted and recorded by the court...