American Annotated CasesBancroft-Whitney, 1916 |
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Página 130
... trial court ] opened the case for further evi- dence , upon the motion of the plaintiff , that he had discovered ... trial court refused to permit the defendant to introduce any evidence . It is contended that it was a matter with- in ...
... trial court ] opened the case for further evi- dence , upon the motion of the plaintiff , that he had discovered ... trial court refused to permit the defendant to introduce any evidence . It is contended that it was a matter with- in ...
Página 131
... trial court , may be reviewed by an appellate court , but it is generally held that , where the trial court has abused its discretion , its action may be re- versed upon appeal . It [ 512 ] is clear upon both reason and authority that ...
... trial court , may be reviewed by an appellate court , but it is generally held that , where the trial court has abused its discretion , its action may be re- versed upon appeal . It [ 512 ] is clear upon both reason and authority that ...
Página 152
... trial , that the charge upon which the state intended to try the defendant was the act of sexual intercourse that occurred at the Oxford Hotel in the City of Portland . Only one act of that kind occurred there , and , according to the ...
... trial , that the charge upon which the state intended to try the defendant was the act of sexual intercourse that occurred at the Oxford Hotel in the City of Portland . Only one act of that kind occurred there , and , according to the ...
Página 187
... trial court must be upon the issues made in the pleadings . Findings of fact , which are not in issue made by the pleadings may be wholly disregarded and treated as immaterial . " a If a party brings replevin to recover horse , he ...
... trial court must be upon the issues made in the pleadings . Findings of fact , which are not in issue made by the pleadings may be wholly disregarded and treated as immaterial . " a If a party brings replevin to recover horse , he ...
Página 200
... trial court is reversed , and a new trial ordered . SMITH , J. ( dissenting ) .— I do not concur in the rule of law announced in this case In State v . King , 9 S. D. 628 , 70 N. W. 1046 , this court , I think correctly stated the law ...
... trial court is reversed , and a new trial ordered . SMITH , J. ( dissenting ) .— I do not concur in the rule of law announced in this case In State v . King , 9 S. D. 628 , 70 N. W. 1046 , this court , I think correctly stated the law ...
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Términos y frases comunes
affirmed alleged amount appeal appellee applied authority award carrier cause of action cent charge claim Commission Commissioner complaint constitute contract contributory negligence corporation damages decision defendant District duty effect entitled error evidence fact fendant freight guardian held Hopkinsville illegally injury interest Internal Revenue Interstate Commerce Interstate Commerce Commission intrastate judgment jurisdiction jury land legislature liability lumber matter ment Minneapolis Minnesota negligence North Dakota note at end opinion Pacific county paid parties pass passenger payment person plaintiff plaintiff in error purchase purpose question railroad railway rates reason recover refund reported rule sexual intercourse Stat statute of limitations suit supra sureties taxes testimony thereof tion trial court Tucker Act U. S. L ward
Pasajes populares
Página 42 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Página 220 - That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity continuance for a long time on her feet at work, repeating this from day to day, tends to injurious effects upon the body, and, as healthy mothers are essential to vigorous offspring, the physical well-being of woman...
Página 36 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Página 393 - A licensed physician or surgeon cannot without the consent of his patient, be examined in a civil action as to any information acquired in attending the patient, which was necessary to enable him to prescribe or act for the patient...
Página 222 - It ordains that no state .shall make or enforce any laws which shall abridge the privileges or immunities of citizens of the United States. . . . It ordains that no state shall deprive any person of life, liberty, or property without due process of law, or deny to any person within its jurisdiction the equal protection of the laws.
Página 33 - 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, &c., are component parts of this mass.
Página 42 - The ascertainment of that value is not controlled by artificial rules. It is not a matter of formulas, but there must be a reasonable judgment, having its basis in a proper consideration of all relevant facts.
Página 86 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Página 450 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof; or...
Página 308 - All claims founded upon the Constitution of the United States or any law of Congress, except for pensions, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States...