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action adverse possession Affirmed agent alleged allowed amended ANDERSON answer appeal appellee application assignment authority averments bank bill cause character charge claim Code commission Company complainant conclusion concur consideration considered Constitution contract corporation counsel count damages deceased Decided decree deed defendant defendant's demurrer denied duty effect equity error evidence executed existing expressed fact filed follows further give given Heard held hold injury intent interest issue judge judgment jury killing land matter mortgage motion murder negligence objection opinion parties payment person plaintiff plea possession presented proceeding proof provisions purchase question railroad reason received record reference refused relation rendered respect respondent result Reversed rule servant shown South statement statute sufficient suit supra term testimony THOMAS tion transfer trial court verdict witness
Σελίδα 45 - But it is not on slight implication and vague conjecture that the legislature is to be pronounced to have transcended its powers, and its acts to be considered as void. The opposition between the Constitution and the law should be such that the judge feels a clear and strong conviction of their incompatibility with each other.
Σελίδα 58 - While the intention of the legislature must be ascertained from the words used to express it, the manifest reason and the obvious purpose of the law should not be sacrificed to a literal interpretation of such words.
Σελίδα 379 - It is equally clear that where a State has authorized a municipal corporation to contract and to exercise the power of local taxation to the extent necessary to meet its engagements, the power thus given cannot be withdrawn until the contract is satisfied. The State and the corporation, in such cases, are equally bound.
Σελίδα 317 - when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied.
Σελίδα 58 - When the words are not explicit the intention is to be collected from the context, from the occasion and necessity of the law, from the mischief felt, and the remedy in view; and the intention is to be taken or presumed according to what is consonant with reason and good discretion.
Σελίδα 494 - There must be reasonable evidence of negligence; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Σελίδα 519 - One may affirm with the sanction of that case that it is an innovation to allow suits in the admiralty by seamen to recover damages for personal injuries caused by the negligence of the master and to apply the common-law principles of tort.
Σελίδα 48 - The rule applicable here is, that effect is to be given, if possible, to the whole instrument, and to every section and clause. If different portions seem to conflict, the courts must harmonize them, if practicable, and must lean in favor of a construction which will render every word operative, rather than one which may make some words idle and nugatory.
Σελίδα 116 - Constructive trusts include all those instances in which a trust is raised by the doctrines of equity for the purpose of working out justice in the most efficient manner, where there is no intention of the parties to create such a relation, and in most cases contrary to the intention of the one holding the legal title, and where there is no express or implied, written or verbal, declaration of the trust.