Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volumen92Soule, Thomas, and Winsor, 1893 |
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Página 11
... company , was asked as to whether this note was indorsed by White- side and Watkins before delivery to his company , he answered that " the note was indorsed by Whiteside and Watkins before it was indorsed by the Morrison Lumber Company ...
... company , was asked as to whether this note was indorsed by White- side and Watkins before delivery to his company , he answered that " the note was indorsed by Whiteside and Watkins before it was indorsed by the Morrison Lumber Company ...
Página 28
... company for the negligent and wrongful killing of his in- testate , and obtained a judgment for one thousand dollars . The railroad company appealed in error . The administrator brought the suit under Code ( M. & V. ) , § 3130 , " for ...
... company for the negligent and wrongful killing of his in- testate , and obtained a judgment for one thousand dollars . The railroad company appealed in error . The administrator brought the suit under Code ( M. & V. ) , § 3130 , " for ...
Página 29
... Company , 5 Lea , 418 ; Stephens v . Rail- road Company , 10 Lea , 448. But it by no means follows that she had the power to compromise this action brought by another person . She waived her prior right by permitting the administrator ...
... Company , 5 Lea , 418 ; Stephens v . Rail- road Company , 10 Lea , 448. But it by no means follows that she had the power to compromise this action brought by another person . She waived her prior right by permitting the administrator ...
Página 33
... Company v . Foster , 88 Tenn . , 672 ; Railroad Company v . Smith , 9 Lea , 474 ; Patton v . Railroad Company , 89 Tenn . , 370 . Therefore , while the instruction requested may have been good law as applied to the first count , it was ...
... Company v . Foster , 88 Tenn . , 672 ; Railroad Company v . Smith , 9 Lea , 474 ; Patton v . Railroad Company , 89 Tenn . , 370 . Therefore , while the instruction requested may have been good law as applied to the first count , it was ...
Página 34
... Company , 89 Tenn . , Tenn . , 370 ; Railroad Company v . Foster , 88 Tenn . , 672 , and cases therein cited . That the train , in this case , was made up and operated , at the time of the accident , with the engine behind and pushing ...
... Company , 89 Tenn . , Tenn . , 370 ; Railroad Company v . Foster , 88 Tenn . , 672 , and cases therein cited . That the train , in this case , was made up and operated , at the time of the accident , with the engine behind and pushing ...
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Términos y frases comunes
88 Tenn 90 Tenn action adverse possession alleged amendment amount Appeal from Chancery applied assigned bill Bowdre Bros Chancellor Chancery Court charge charter Circuit Court cited and approved claim Coal and Coke Code construed Colyar complainant Constitution contract corporation Court of Shelby creditors damages Davidson County Davis debt decree deed defendant dollars Dunn entitled error coram nobis evidence execution fact filed Hayes Heis held homestead Howard & Co indorsed interest Jackson Judge judgment jury Knox County liable lien Lowenstein Lumber McCadden McNabb Coal mechanic's lien ment Mottley Nashville notice owner paid parties payment person Pickle plaintiff plaintiff in error possession purchase railroad company Ralph Davis Roane County Shelby County Simon Sneed statute suit Tennessee therein tion trial trust Turnpike ultra vires void widow
Pasajes populares
Página 442 - The taking, receiving, reserving, or charging a rate of interest greater than is allowed by the preceding section, when knowingly done, shall be deemed a forfeiture of the entire interest which the note, bill, or other evidence of debt carries with it, or which has been agreed to be paid thereon.
Página 422 - It is a familiar rule, that a thing may be within the letter of the statute and yet not within the statute, because not within its spirit, nor within the intention of its makers.
Página 423 - All laws should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression, or an absurd consequence.
Página 168 - No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created.
Página 178 - We may now take it for granted that the dealings with these companies are not like dealings with other partnerships, and that the parties dealing with them are bound to read the statute and the deed of settlement. But they are not bound to do more. And the party here, on reading the deed of settlement, would find, not a prohibition from borrowing, but a permission *to do so on certain conditions.
Página 336 - The duties and powers of the officers or Nashville ?'. Sutherland & Co. public agents of the corporation are prescribed by statute or charter, which all persons not only may know, but are bound to know. The opposite doctrine would be fraught with such danger and accompanied with such abuse that it would soon end in the ruin of municipalities or be legislatively overthrown.
Página 119 - ... conferred upon it by the legislature, is not voidable only, but wholly void, and of no legal effect. The objection to the contract is, not merely that the corporation ought not to have made it, but that it could not make it. The contract cannot be ratified by either party, because it could not have been authorized by either. No performance on either side can give the unlawful contract any validity, or be the foundation of any right of action upon it.
Página 88 - Legislature, nor shall the seat of justice of any county be removed without the concurrence of two-thirds of the qualified voters of the county. But the foregoing provision requiring a two-thirds majority of the voters of a county to remove its county seat shall not apply to the counties of Obion and Cocke. The fractions taken from old counties to form new counties, or taken from one county and added to another, shall continue liable for their...
Página 60 - Equity regards the property of a corporation as held in trust for the payment of the debts of the corporation, and recognizes the right of creditors to pursue it into whosesoever possession it may be transferred, unless it has passed into the hands of a bona fide purchaser...
Página 441 - And when no rate is fixed by the laws of the State or territory, the bank may take, receive, reserve, or charge a rate not exceeding seven per centum, and such interest may be taken in advance, reckoning the days for which the note, bill, or other evidence of debt has to run.