The Southern Reporter, 56. köideWest Publishing Company, 1912 |
From inside the book
Results 1-5 of 100
Page 16
... duty to carry safely within a rea- sonable time , so as to state a cause of action , even though it did not clearly ... duty alleged , still there is no room to claim that the count fails to charge against the carrier a breach of its ...
... duty to carry safely within a rea- sonable time , so as to state a cause of action , even though it did not clearly ... duty alleged , still there is no room to claim that the count fails to charge against the carrier a breach of its ...
Page 18
... duty entitling the plain- tiff at once to maintain an action therefor . And the plaintiff could not be compelled to accept the defendant's breach as a termina- tion of the contract . He could elect to treat the breach as continuing ...
... duty entitling the plain- tiff at once to maintain an action therefor . And the plaintiff could not be compelled to accept the defendant's breach as a termina- tion of the contract . He could elect to treat the breach as continuing ...
Page 30
... duty of explaining an alteration of it , when it was not made to appear that the prosecution had even consented that the court the case , either as it was originally or as it was after being changed . The prosecution was under no duty ...
... duty of explaining an alteration of it , when it was not made to appear that the prosecution had even consented that the court the case , either as it was originally or as it was after being changed . The prosecution was under no duty ...
Page 43
... duty of repairing and keeping in repair the streets of the city of Jasper , and of not injuring the plaintiff or her property in so doing . She avers that she owns a lot in the southeast corner of block 211 in said city , and that a ...
... duty of repairing and keeping in repair the streets of the city of Jasper , and of not injuring the plaintiff or her property in so doing . She avers that she owns a lot in the southeast corner of block 211 in said city , and that a ...
Page 54
... duty to the person injured , and an action grounded on such negligence can be sustained only by proof of three elements , to wit , a duty owing by defendant to plaintiff , the breach thereof , and injury in consequence of such breach ...
... duty to the person injured , and an action grounded on such negligence can be sustained only by proof of three elements , to wit , a duty owing by defendant to plaintiff , the breach thereof , and injury in consequence of such breach ...
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Common terms and phrases
action adverse possession Affirmed Alabama alleged amount Appeal and Error Appeal from Circuit appellee authority Bayou St bonds canal Carondelet Carondelet Canal Cent Chancery Court charge Circuit Court claim Code complainant Constitution contract convicted corporation Court of Alabama court of equity Court of Mississippi CRIMINAL LAW debt deceased decree deed defendant defendant's demurrer equity evidence fact fendant filed Florida garnishment habeas corpus HOMICIDE indictment interest issue Judge judgment jurisdiction juror jury land Leon county liability lien Louisiana Lumber ment Miss mortgage municipal Note Note.-For opinion ordinance Orleans overruled paid parties payment person Pike county plaintiff plaintiff in error plea prosecution purchase question railroad reason record refused rendered Reversed and remanded reversible error rule South statute suit Supreme Court testator testified testimony thereof tion trial court trust witness writ
Popular passages
Page 251 - Where after the commencement of this act personal injury is caused to a workman (1) By reason of any defect in the condition of the ways, works, machinery, or plant connected with or used in the business of the employer...
Page 306 - And I do hereby bind myself, my heirs, executors, and administrators, to warrant and forever defend...
Page 275 - It is a maxim, not to be disregarded, that general expressions, in every opinion, are to be taken in connection with the case in which those expressions are used. If they go beyond the case, they may be respected, but ought not to control the judgment in a subsequent suit, when the very point is presented for decision.
Page 236 - From the variety of cases relative to judgments being given in evidence in civil suits, these two deductions seem to follow as generally true: first, that the judgment of a Court of concurrent jurisdiction, directly upon the point, is as a plea, a bar, or as evidence, conclusive, between the same parties, upon the same matter, directly in question in another Court...
Page 359 - that where one by his words or conduct wilfully causes another to believe in the existence of a certain state of things, and induces him to act on that belief, or to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
Page 143 - The navigable waters leading into the Mississippi and St Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said Territory as to the citizens of the United States and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
Page 385 - No agent has power In behalf of the Company to make or modify this or any...
Page 462 - Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.
Page 6 - It is the duty of the court to instruct the jury as to the law ; and it is the duty of the jury to follow the law, as it is laid down by the court.
Page 449 - This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material fact or circumstance concerning this insurance or the subject thereof...