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], Volume 37Abraham Clark Freeman Bancroft-Whitney Company, 1894 - Law reports, digests, etc |
Other editions - View all
Common terms and phrases
action ADVERSE POSSESSION agent alleged appellant appellee application assignment authority bank Bettie bill cause charge claim constitution contract corporation court court of equity creditors crime criminal damages debt debtor declared decree deed defendant defendant's dollars duty enforce entitled equity evidence ex post facto execution extended note fact fraud gift causa mortis held husband indictment indorser injury issue judge judgment jurisdiction jury land legislature liability marriage ment mortgage Negotiable Instruments nuisance option law owner paid parties payment person plaintiff in error possession post facto laws premises proceedings punishment purchase purpose question R. R. Co reason recover refused rule scire facias statute statute of frauds statute of limitations stockholders street sufficient suit tenant testimony thereof ticket tion trial trust valid void witness writ
Popular passages
Page 59 - ... illegitimate and unconstitutional practices get their first footing in that way, namely, by silent approaches and slight deviations from legal modes of procedure. This can only be obviated by adhering to the rule that constitutional provisions for the security of person and property should be liberally construed. A close and literal construction deprives them of half their efficacy, and leads to gradual depreciation of the right, as If It consisted more in sound than in substance. It is the duty...
Page 129 - ... such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Page 583 - Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the...
Page 711 - ... protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article and the amount claimed thereon, and within sixty days after the fire, unless such time is extended in writing...
Page 160 - No action shall be brought to charge any person upon any contract for the sale of lands, tenements, or hereditaments, or any interest in or concerning them for a longer term than one year, unless such contract, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto by him lawfully authorized...
Page 566 - It is well settled by the decisions of this court that " the remedy subsisting in a state, when and where the contract is made and is to be performed, is a part of its obligation, and any subsequent law of the state which so affects that remedy as substantially to impair and lessen the value of the contract is forbidden by the Constitution, and is therefore void.
Page 658 - It extends," says another eminent judge, "to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the state ; * * * and persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state. Of the perfect right of the legislature to do this no question ever was, or, upon acknowledged general principles, ever can be made, so far as natural persons are concerned.
Page 513 - A mortgage of real property shall not be deemed a conveyance, whatever its terms, so as to enable the owner of the mortgage to recover possession of the real property without a foreclosure and sale.
Page 514 - Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument, as being a conveyance of the premises in question...
Page 217 - Contingent or executory remainders (whereby no present interest passes) are where the estate in remainder is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event; so that the particular estate may chance to be determined, and the remainder never take effect.