Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Volumen92Soule, Thomas, and Winsor, 1893 |
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Página 5
... question since its passage , and the last road Act specially reserved to the County Courts , the power to " build turnpikes , " by providing that nothing in the Act should be con- strued to impair that power . Acts 1891 , Sec . 44 , P ...
... question since its passage , and the last road Act specially reserved to the County Courts , the power to " build turnpikes , " by providing that nothing in the Act should be con- strued to impair that power . Acts 1891 , Sec . 44 , P ...
Página 6
... question parol evidence is admissible . Cases cited and approved : Rivers v . Thomas , I Lea , 649 ; Harding v . Waters , 6 Lea , 331 . Cited as overruled : Comparree v . Brockway , 11 Hum . , 355 ; Clous- ton . Barbiere , 4 Sneed , 335 ...
... question parol evidence is admissible . Cases cited and approved : Rivers v . Thomas , I Lea , 649 ; Harding v . Waters , 6 Lea , 331 . Cited as overruled : Comparree v . Brockway , 11 Hum . , 355 ; Clous- ton . Barbiere , 4 Sneed , 335 ...
Página 15
... present during the negotiations as counsel for the Fox Coal and Coke Company . Whatever question may be made upon the competency of the evidence of Chamberlain v . Fox Coal and Coke Co. Mr. Pritchard SEPTEMBER TERM , 1892 . 15.
... present during the negotiations as counsel for the Fox Coal and Coke Company . Whatever question may be made upon the competency of the evidence of Chamberlain v . Fox Coal and Coke Co. Mr. Pritchard SEPTEMBER TERM , 1892 . 15.
Página 19
... question upon this issue is as to the possible effect of Walker's suit upon the pos- session of the assignors of the lease . If the as- signor could be ejected under a writ of possession issuing in that case , it would follow that com ...
... question upon this issue is as to the possible effect of Walker's suit upon the pos- session of the assignors of the lease . If the as- signor could be ejected under a writ of possession issuing in that case , it would follow that com ...
Página 25
... question upon the covenants in the deed to complainant has or can be made in this case , and none is decided . We ... questions upon their actual merits , and determine the suit so far as a rescission or abatement of purchase- price was ...
... question upon the covenants in the deed to complainant has or can be made in this case , and none is decided . We ... questions upon their actual merits , and determine the suit so far as a rescission or abatement of purchase- price was ...
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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.