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action administrator affirmed agent alleged allowed amount answer appeal appellee applied assignment attachment authority bill bond brought cause charge Circuit Court claim complaint condition consideration Constitution contract conveyance costs County creditors damages debt deceased decree deed defendant Digest direct dower effect election entitled equity error evidence execution facts filed follows give given ground held instructions intention interest issued Jones Judge judgment jurisdiction jury land latter liable lien limitations Mansf meaning ment mortgage necessary notice objection paid parties payment person plaintiff possession presented Probate Court proceedings proof provides purchase question railroad Railway reason received record recover refused rendered rents rule sell sold statute sufficient suit sustained tion train trial trust void witness
Página 434 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust...
Página 333 - Court for the owner, irrespective of any benefit from any improvement proposed by such corporation...
Página 16 - This principle does not admit oral testimony to vary or contradict that which is in writing, but it goes upon the idea that the writing offered in evidence was not the instrument of the party whose name is signed to it ; that it was procured under such circumstances by the other side as estops that side from using it or relying on its contents — not that it may be contradicted by oral testimony, but that it may be shown by such testimony that it cannot be lawfully used against the party whose name...
Página 197 - When a woman shall be entitled to an election under either of the two last preceding sections, she shall be deemed to have elected to take such jointure, devise or pecuniary provision, unless within one year after the death of her husband she shall enter on the lands to be assigned to her for her dower, or commence proceedings for the recovery or assignment thereof.
Página 536 - Nothing in this constitution shall be held or construed to prevent the classification of property for purposes of taxation; and the valuation of different classes by different means or methods.
Página 42 - Voluntary assignments for the benefit of creditors are transfers, without compulsion of law, by debtors, of some or all of their property to an assignee or assignees, in trust to apply the same, or the proceeds thereof, to the payment of some or all of their debts, and to return the surplus, if any, to the debtor.
Página 240 - But when such structure is permanent in its character, and its construction and continuance are not necessarily injurious, but may or may not be so, the injury to be compensated in a suit is only the damage which has happened, and there may be as many successive recoveries as there are successive injuries.
Página 233 - The judiciary can only arrest the execution of a statute when it conflicts with the Constitution. It cannot run a race of opinions upon points of right reason, and expediency with the lawmaking power.
Página 309 - ... where a prisoner is charged with an offence, it is of the utmost importance to him that the facts laid before the jury should consist exclusively of the transaction which forms the subject of the indictment, which alone he can be expected to come prepared to answer.