The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volume 1Bancroft-Whitney, 1871 - Law reports, digests, etc |
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Results 1-5 of 77
Page 17
... question here presented is , whether a trust of this kind can arise upon an executory contract merely ; or where there has been no conveyance of the legal title . The judge of the superior court decided that , there being no deed or ...
... question here presented is , whether a trust of this kind can arise upon an executory contract merely ; or where there has been no conveyance of the legal title . The judge of the superior court decided that , there being no deed or ...
Page 19
... question is , whether the bill should be retained for the purpose of awarding compensation for the purchase - money paid and advanced by him ? It has been said to be a general rule of equity that " no one shall avail himself of a low ...
... question is , whether the bill should be retained for the purpose of awarding compensation for the purchase - money paid and advanced by him ? It has been said to be a general rule of equity that " no one shall avail himself of a low ...
Page 29
... question we consider the law well settled , that where parties are at a distance from each other , and treat by corres- pondence through the post , an offer made by one is a continuing offer until it is received , and its acceptance ...
... question we consider the law well settled , that where parties are at a distance from each other , and treat by corres- pondence through the post , an offer made by one is a continuing offer until it is received , and its acceptance ...
Page 32
... question whether the surety has been , in point of fact , actually damnified by such dealing with the principal debtor is not open to inquiry . It is his right to determine for him- self what is , or is not , for his benefit . He must ...
... question whether the surety has been , in point of fact , actually damnified by such dealing with the principal debtor is not open to inquiry . It is his right to determine for him- self what is , or is not , for his benefit . He must ...
Page 35
... question to be decided is whether Diehl , Saylor and others take a beneficial interest in the property under the vill , or was it devised to them in trust ? We deem it unn ́cessary to review the many cases in which this question has ...
... question to be decided is whether Diehl , Saylor and others take a beneficial interest in the property under the vill , or was it devised to them in trust ? We deem it unn ́cessary to review the many cases in which this question has ...
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Common terms and phrases
action affirmed agent agreed agreement allowed amount appeal apply assignment authority Bank bill brought carried carriers cause charge cited citizens claim common condition consideration constitution construction contract corporation court damages debt decided decision deed defendant delivered demand direct duty effect entitled error evidence execution exercise existence express fact favor give given granted ground held hold intention interest judge judgment jury Justice land legislature liable limits loss means mortgage nature negligence notice object opinion owner paid parties payment person plaintiff possession present principle proper prove provisions purchaser question railroad reason received record recover reference removal resident respect road rule says statute sufficient suit sustained taken tion trial trust United York
Popular passages
Page 475 - It is not mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say they feel an abiding conviction, to a moral certainty, of the truth of the charge.
Page 59 - The right of a citizen of one State, to pass through or to reside in any other State, for purposes of trade, agriculture, professional pursuits, or otherwise ; to claim the benefit of the writ of habeas corpus ; to institute and maintain actions of any kind in the courts of the State ; to take, hold, and dispose of property, either real or personal ; and an exemption from higher taxes or impositions than are paid by the other citizens of the State...
Page 349 - State authority, at the place where such bank is located and not elsewhere, but not at a greater rate than is assessed upon other moneyed capital in the hands of individual citizens of such State...
Page 572 - ... except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part...
Page 395 - They form a portion of that immense mass of legislation which embraces everything within the territory of a State not surrendered to the General Government, all which can be most advantageously exercised by the States themselves. Inspection laws, quarantine laws, health laws, of every description, as well as laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, etc., are component parts of this mass.
Page 131 - There was no evidence in the case tending to show "that the brakeman struck the plaintiff in personal resentment of some insult offered him by the plaintiff...
Page 474 - When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished...
Page 16 - That where any conveyance shall be made of any lands or tenements by which a trust or confidence shall or may arise or result by the implication or construction of law, or be transferred or extinguished by an act...
Page 411 - But the rule of law is clear, that, where one by his words or conduct wilfully causes another to believe the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time."* In Freeman v.
Page 398 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it.