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, Volumen92Bancroft-Whitney, 1887 |
Dentro del libro
Resultados 1-5 de 85
Página 50
... condition of the ae- ceased's mind towards the prisoners after the mortal wound had been given , -whether kind or malevolent . The court re- fused to allow the witness to answer the question , remarking , " Horne had a right to be mad ...
... condition of the ae- ceased's mind towards the prisoners after the mortal wound had been given , -whether kind or malevolent . The court re- fused to allow the witness to answer the question , remarking , " Horne had a right to be mad ...
Página 68
... condition of the people growing out of the events of the recent war . After reviewing at some length the authorities on the different sides of the ques- tion , the learned judge expressed his inability to understand how the law can ...
... condition of the people growing out of the events of the recent war . After reviewing at some length the authorities on the different sides of the ques- tion , the learned judge expressed his inability to understand how the law can ...
Página 81
... condition , if it is said under such circum- stances as free it from all suspicion of being spoken with reference to future litigation and give it the character of res gestæ . TRESPASS on the case . The facts are stated in the opinion ...
... condition , if it is said under such circum- stances as free it from all suspicion of being spoken with reference to future litigation and give it the character of res gestæ . TRESPASS on the case . The facts are stated in the opinion ...
Página 82
... condition was caused by over - exertion in walking . The defendant moved the court to exclude so much of this evidence as related to what the plaintiff said of the cause of his condition . This the court refused to do , and in this ...
... condition was caused by over - exertion in walking . The defendant moved the court to exclude so much of this evidence as related to what the plaintiff said of the cause of his condition . This the court refused to do , and in this ...
Página 84
... condition , are competent to enable him to form an opinion as to the extent and nature of his injuries ; but it is not competent for the physician to testify to the plaintiff's statements as to the specific cause of the injury , that ...
... condition , are competent to enable him to form an opinion as to the extent and nature of his injuries ; but it is not competent for the physician to testify to the plaintiff's statements as to the specific cause of the injury , that ...
Otras ediciones - Ver todas
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 agent agreement alleged appellant appellee apply assumpsit authority Bank bill cars cause charge cited claim common carrier common law constitution contract conveyance conveyed County court court of equity covenant creditors damages deceased declaration decree deed defective defendant defendant's demurrer dollars dower easement entitled equity evidence execution facts fraud granted grantor held homestead husband injury Iowa John Giles judgment jurisdiction jury land letters liable marriage martial law ment mortgage negligence notice opinion owner parol parties party-wall passengers payment person petition plaintiff plaintiff in error plea possession premises presumption principal proceedings proof purchaser question R. R. Co RAILROAD COMPANY reasonable received recover refused replevin rule servant Smith sold statute statute of frauds Strob suit testator thereof ticket tion train trial trust valid vendee verdict void wall wife witness writ
Pasajes populares
Página 469 - That all persons born in the United States and not subject to any foreign power, excluding Indians not taxed, are hereby declared to be citizens of the United States...
Página 469 - ... the same right in every State and Territory in the United States to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, lease, sell, hold and convey real and personal property, and to full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens, and shall be subject to like punishment, pains and penalties, and to none other, any law, statute, ordinance, regulation, or custom, to the contrary notwithstanding.
Página 686 - Where a Court has jurisdiction, it has a right to decide every question which occurs in the cause; and whether its decision be correct or otherwise, its judgment, until reversed, is regarded as binding in every other .Court. But, if it act without authority, its judgments and orders are regarded as nullities. They are not voidable, but simply void; and form no bar to a recovery sought, even prior to a reversal, in opposition to them.
Página 343 - Whenever, in the opinion of the court, it is proper for the jury to have a view of property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose.
Página 172 - ... rule until the laws can have their free course. As necessity creates the rule, so it limits its duration; for if this government is continued after the courts are reinstated, it is a gross usurpation of power. Martial rule can never exist where the courts are open and in the proper and unobstructed exercise of their jurisdiction. It is also confined to the locality of actual war.
Página 469 - All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Página 693 - In the silence of any positive rule, affirming, or denying, or restraining the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless they are repugnant to its policy, or prejudicial to its interests.
Página 333 - Express Company be liable for any loss or damage, unless the claim therefor shall be presented to them In writing at this office, within thirty days after this date, in a statement, to which this receipt shall be annexed.
Página 64 - I take it to be a clear position that if a legislative act oppugns a constitutional principle the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound that in such case, it will be the duty of the court to adhere to the Constitution and to declare the act null and void.
Página 173 - ... action of the civil authority would be too late in providing the means which the occasion calls for. It is impossible to define the particular circumstances of danger or necessity in which this power may be lawfully exercised. Every case must depend on its own circumstances. It is the emergency that gives the right, and the emergency must be shown to exist before the taking can be justified.