Atlantic Reporter, Volume 75West Publishing Company, 1910 - Law reports, digests, etc |
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Common terms and phrases
action affirmed agreement alleged Appeal and Error appellee assumpsit authority Bank bill bond Cambria Iron Company cause Cent charge claim complainant contract contributory negligence conveyance corporation court of equity damages decree deed defendant defendant's demurrer duty easement entitled equity evidence fact fendant filed fraud grant held injury issue judge judgment jury justice land Leonard Lord liable license lien Matthew Dill ment municipal MUNICIPAL CORPORATIONS N. J. Ch N. J. Law N. J. Sup negligence Note Note.-For notice owner paid parties payment person Pittsburg plaintiff plaintiff in error plea purchase purpose quarter sessions question railroad reason record recover rule scows statute statute of frauds street suit superior court Supreme Court Supreme Judicial Court testator testimony thereof tiff tion town tract trial trust verdict witness writ
Popular passages
Page 109 - That must always rest upon some difference which bears a reasonable and just relation to the act in respect to which the classification is proposed, and can never be made arbitrarily and without any such basis.
Page 279 - ... ought to be tried in any other county than that in which it is committed ; except in cases of general insurrection in any particular county, when it shall appear to the judges of the superior court that an impartial trial cannot be had...
Page 369 - The test," says Judge Duncan in Swan v. Scott, 11 Serg. & R. 164, "whether a demand connected with an illegal transaction is capable of being enforced at law, is whether the plaintiff requires the aid of the illegal transaction to establish his case.
Page 222 - In that respect they exercise a judicial function, and, therefore, it has been held in various instances by this court that their judgment as to matters of fact, properly determinable by them, is conclusive when brought to notice in a collateral proceeding. Their judgment in such cases is, like that of other special tribunals upon matters within their exclusive jurisdiction, unassailable except by a direct proceeding for its correction or annulment.
Page 447 - ... or upon any agreement that is not to be performed within the space of one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person thereunto...
Page 276 - — a court of equity — " into activity but conscience, good faith, and reasonable diligence. Where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and, therefore, from the beginning of this jurisdiction there was always a limitation of suits in this court.
Page 319 - For the reasons given, the decree of the superior court, and the judgment of the appellate court, are reversed, and the cause is remanded to the superior court for further proceedings consistent with this opinion.
Page 235 - Their method of decision deserves to be noted, as being the origin of juries; an institution admirable in itself, and the best calculated for the preservation of liberty and the administration of justice that ever was devised by the wit of man.
Page 375 - To refuse to grant either party to an illegal contract judicial aid for the enforcement of his alleged rights under it tends strongly towards reducing the number of such transactions to a minimum.
Page 341 - The question in this case is, whether the intelligence of extrinsic circumstances, which might influence the price of the commodity, and which was exclusively within the knowledge of the vendee, ought to have been communicated by him to the vendor? The court is of opinion, that he was not bound to communicate it. It would be difficult to circumscribe the contrary doctrine within proper limits, where the means of intelligence are equally accessible to both parties. But at the same time, each party...