The American Decisions: Containing All the Cases of General Value and Authority Decided in the Courts of the Several States, from the Earliest Issue of the State Reports to the Year 1869, Volumen42Bancroft-Whitney, 1886 |
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The American Decisions: Containing All the Cases of General Value ..., Volumen83 Vista completa - 1887 |
The American Decisions: Containing All the Cases of General Value ..., Volumen37 Vista completa - 1886 |
The American Decisions: Containing All the Cases of General Value ..., Volumen62 Vista completa - 1886 |
Términos y frases comunes
action adverse possession agent agreement alleged appear assignment ASSUMPSIT attorney authority Bank bill bond Branch Bank charge circuit court cited claim common carriers common law complainant consideration contract conveyance conveyed corporation court of chancery court of equity creditor damages debt debtor decision declarations decree deed defendant defendant's delivered discharge dollars effect entitled evidence execution executor fact fraud grant ground heirs held husband indorser injury intention interest interpleader issue Jackson Jones judge judgment jurisdiction jury justice land lease liable lien matter ment mortgage necessary notice opinion owner paid parol party payable payment person plaintiff in error plea possession premises principle proof purchase question received recover rule scire facias sheriff Smith statute of frauds statute of limitations sufficient suit surety tenant testator tion trespass trial trust vendor verdict void Watts wife William Shew Williams witness writ
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Página 743 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, hut a simple usufruct while it passes along. 'Aqua currit et debet currere ut currere solebat
Página 56 - But we are clearly of opinion, that in all of these cases the danger must be immediate and impending; or the necessity urgent for the public service, such as will not admit of delay, and where the action of the civil authority would be too late in providing the means which the occasion calls for.
Página 702 - Until the general assembly shall deem it expedient to establish courts of chancery the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.
Página 698 - Indeed the proposition may be stated in a more general form ; that if a creditor does any act injurious to the surety, or inconsistent with his rights, or if he omits to do any act when required by the surety, which his duty enjoins him to do, and the omission proves injurious to the surety, in all such cases the latter will be discharged, and he may set up such conduct as a defence to any suit brought against him, if not at law, at all events in Equity.
Página 701 - ... by fraud, accident, or the act of the opposite party, unmixed with negligence on his part.
Página 372 - EL 144, sec. 5), which provides that the death of either party between verdict and judgment shall not be alleged for error, so as the judgment be entered within two terms after the verdict; nor within the act of April 15, 1814 (Sess.
Página 294 - A trustee shall, without prejudice to the provisions of the instrument, if any, creating the trust, be chargeable only for money and securities actually received by him notwithstanding his signing any receipt for the sake of conformity, and shall be answerable and accountable only for his own acts, receipts, neglects, or defaults, and not for those...
Página 463 - If a party, acting in ignorance of a plain and settled principle of law, is induced to give up a portion of his indisputable property to another under the name of compromise, a court of equity will relieve him from the effect of his mistake.
Página 42 - Profits or advantages which are the direct and immediate fruits of the contract entered into between the parties are part and parcel of the contract itself, entering into and constituting a portion of its very elements, something stipulated for, and the right to the enjoyment of which is just as clear and plain as to the fulfillment of any other stipulation.
Página 743 - ... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself...