The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, Volumen56Bancroft-Whitney, 1887 |
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Página 8
... question . It constructed a bridge across the creek , five hundred feet long , and also left a water - way eighty - two feet wide in the embankment , for the passage of water in time of flood . The freshet which flooded the plaintiff's ...
... question . It constructed a bridge across the creek , five hundred feet long , and also left a water - way eighty - two feet wide in the embankment , for the passage of water in time of flood . The freshet which flooded the plaintiff's ...
Página 78
... question raised , and that is whether in this State an action can be maintained for the malicious prosecution of a civil action , in which no process other than the summons was issued . The weight of the authorities , American as well ...
... question raised , and that is whether in this State an action can be maintained for the malicious prosecution of a civil action , in which no process other than the summons was issued . The weight of the authorities , American as well ...
Página 86
... question of damages . Until the adoption of the codes , such a question could not be raised in an action in equity for the abatement of a nuisance . The only question was whether the nuisance complained of and sought to be redressed had ...
... question of damages . Until the adoption of the codes , such a question could not be raised in an action in equity for the abatement of a nuisance . The only question was whether the nuisance complained of and sought to be redressed had ...
Página 90
... question involved , this court was then of opinion , that except where it is qualified by the existence of peculiar conditions , the duty of the owner of property is defined by the maxim , sic utere tuo ut ui- ienum non lædas ; ' that ...
... question involved , this court was then of opinion , that except where it is qualified by the existence of peculiar conditions , the duty of the owner of property is defined by the maxim , sic utere tuo ut ui- ienum non lædas ; ' that ...
Página 99
... question was not discussed at all , and cannot be said e have been decided , because as we have said , the defendant conceded the prescriptive right . The opinion of the court ( FRY , J. ) is wholly occupied with the discussion of a ...
... question was not discussed at all , and cannot be said e have been decided , because as we have said , the defendant conceded the prescriptive right . The opinion of the court ( FRY , J. ) is wholly occupied with the discussion of a ...
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Términos y frases comunes
affirmed agent alleged appellant appellee assignment authority bank barratry bill bond breach cause of action charge cited claim common law Constitution construction contract conveyed corporation counsel court court of equity covenant creditors damages death debt declared deed defendant defendant's delivered delivery doctrine duty easement entitled equity error evidence executor fact Fort Dearborn gift causa mortis grant grantor Hanover Fire held indictment injury intention Iowa judge Judgment reversed jury justice land lease legislature liable marriage Mass ment negligence nuisance opinion owner party payment Penn person plaintiff in error possession premises prosecution purpose question Railroad Company reason recover refused rule seisin Smith statute statute of limitations street suit supra sustained testator testimony thereof tion trial trustee Walker's Executors Wend witness
Pasajes populares
Página 364 - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
Página 881 - ... shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.
Página 464 - ... death had not ensued) have entitled the party injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable if death had not ensued shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony.
Página 594 - person' may extend and be applied to bodies politic and corporate as well as to individuals.
Página 716 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors...
Página 95 - We think that the true rule of law is, that the person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so is prima facie answerable for all the damage which is the natural consequence of its escape.
Página 54 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be 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...
Página 121 - It is agreed between the sender of the following message and this company that said company shall not be liable for mistakes or delays in the transmission and delivery, or for nondelivery, of any unrepeated message, whether happening by negligence of its servants or otherwise, beyond the amount received for sending the same...
Página 54 - ... the damages resulting from the breach of such a contract, which they would reasonably contemplate, would be the amount of injury which would ordinarily follow from a breach of contract under these special circumstances so known and communicated.
Página 527 - Provided, that in actions where one of the original parties to the contract or cause of action in issue and on trial is dead...