Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volumen92Soule, Thomas, and Winsor, 1893 |
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Página 3
... entitled " An Act to provide for the con- struction , repairing , and buying of turnpike , mac- adamized , and graded gravel roads . " The first section of this Act provides for the election of Turnpike Commissioners ; the second for ...
... entitled " An Act to provide for the con- struction , repairing , and buying of turnpike , mac- adamized , and graded gravel roads . " The first section of this Act provides for the election of Turnpike Commissioners ; the second for ...
Página 31
... entitled to more , either under the pleadings or the proof with reference to the alleged compromise . Most of the other assignments relate to the action of the trial Judge in refusing to submit to the jury , as parts of his charge ...
... entitled to more , either under the pleadings or the proof with reference to the alleged compromise . Most of the other assignments relate to the action of the trial Judge in refusing to submit to the jury , as parts of his charge ...
Página 38
... entitled , after the debts of the corporation are paid , to a pro rata dividend with the non - borrower for what he had paid upon his stock . He will thus be obliged to bear his proper share of the losses . To allow him to credit upon ...
... entitled , after the debts of the corporation are paid , to a pro rata dividend with the non - borrower for what he had paid upon his stock . He will thus be obliged to bear his proper share of the losses . To allow him to credit upon ...
Página 61
... entitled to a sale under their attachment , because the proof discloses the existence of a mortgage upon the attached property prior in date to the filing of the bill , and the mortgagee is not before the Court . The validity of the ...
... entitled to a sale under their attachment , because the proof discloses the existence of a mortgage upon the attached property prior in date to the filing of the bill , and the mortgagee is not before the Court . The validity of the ...
Página 64
... , records , and papers , insisting that he is entitled to hold said office under his said election , and under the Constitution of the State , for a term of eight years from the date State , ex rel . Rambo , v . Maloney 64 KNOXVILLE :
... , records , and papers , insisting that he is entitled to hold said office under his said election , and under the Constitution of the State , for a term of eight years from the date State , ex rel . Rambo , v . Maloney 64 KNOXVILLE :
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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.