Reports of Cases Argued and Determined in the Supreme Court of the State of Vermont: Reported by the Judges of Said Court, Agreeably to a Statute Law of the State, 28. köide |
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Page 16
Evidence was given tending to prove that the corn in question was not originally
attached on the writ , in favor of Maynard , but no question of law was reserved on
this part of the case ; and it was claimed on the part of the defendant , that the ...
Evidence was given tending to prove that the corn in question was not originally
attached on the writ , in favor of Maynard , but no question of law was reserved on
this part of the case ; and it was claimed on the part of the defendant , that the ...
Page 17
From the records in that case it appears that , on an application duly made for that
purpose under the statute , the officer sold on the writ personal property , other
than the corn in question , to the amount of $ 311,48 , being more than the ...
From the records in that case it appears that , on an application duly made for that
purpose under the statute , the officer sold on the writ personal property , other
than the corn in question , to the amount of $ 311,48 , being more than the ...
Page 29
The intent of the parties in the case at bar , is beyond question . It was to create
an estate for life to the husband and wife , and survivor of them . Can this be
effectuated without unsettling fixed rules of construction . It can in New York , 20
Johns ...
The intent of the parties in the case at bar , is beyond question . It was to create
an estate for life to the husband and wife , and survivor of them . Can this be
effectuated without unsettling fixed rules of construction . It can in New York , 20
Johns ...
Page 57
This then , is fairly a question , as to the rights of the plaintiff in underground water
. Putting this case , then , upon the ground that the water in question , while in the
earth of the defendant , though percolating through it , is not distinct from it , in ...
This then , is fairly a question , as to the rights of the plaintiff in underground water
. Putting this case , then , upon the ground that the water in question , while in the
earth of the defendant , though percolating through it , is not distinct from it , in ...
Page 73
It is not deemed necessary to decide the question , whether the assignment
contains provisions which would render it void at common law , for whether it
contains any such provisions or not , we are satisfied that it is void under the
statute of ...
It is not deemed necessary to decide the question , whether the assignment
contains provisions which would render it void at common law , for whether it
contains any such provisions or not , we are satisfied that it is void under the
statute of ...
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Common terms and phrases
acceptance action adverse possession agreed agreement allowed amount appeared applied assignment attachment authority award Bank bill building cause charge claim commenced common consideration construction contract costs county court creditors damages debt decree deed defendant defendant's delivered dollars effect entitled evidence excepted execution existed fact favor give given ground hands held interest issue John judgment jury justice land liable limitations March matter necessary notice objection obtained offered officer opinion original paid parties payment person plaintiff possession premises present principal proceedings prove purchase question railroad real estate reason received recover reference regard relation remained removed rendered residence road rule seems settled settlement statute sufficient suit sustained taken tending Term testimony tion town trial trustee wife witness writ
Popular passages
Page 191 - This opinion does not deprive the states of any resources which they originally possessed. It does not extend to a tax paid by the real property of the bank, in common with the other real property within the state, nor to a tax imposed on the interest which the citizens of Maryland may hold in this institution, in common with other property of the same description throughout the state.
Page 82 - ... all, and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings...
Page 62 - ... that from the mere relation of master and servant no contract, and therefore no duty, can be implied on the part of the master to cause the servant to be safely and securely carried, or to make the master liable for damage to the servant, arising from any vice or imperfection, unknown to the master, in the carriage, or in the mode of loading and conducting it.
Page 325 - Had you called the porter and he had said that, although he had no recollection of the letter in question, he invariably carried to the post office all the letters found upon the table, this might have done...
Page 591 - ... where the proceedings are not according to the course of the common law, nor inrolled , such as the county-court, courts of hundreds, court-baron, &c.
Page 185 - CP 612, is in point in a case of this kind, viz., that he "could see no difference between negligence and gross negligence; that it was the same thing with the addition of a vituperative epithet.
Page 265 - In consideration whereof the said party of the second part covenants and agrees to and with the said party of the first part to...
Page 363 - ... the agreement is one which by the statute of frauds is required to be in writing.
Page 54 - ... proprietor of the land has a right to the advantage of the stream flowing in its natural course over his land, to use the same as he pleases, for any purposes of his own, not inconsistent with a similar right in the proprietors of the land above or below; so that, neither can any proprietor above diminish the quantity or injure the quality of the water which would otherwise naturally descend, nor can any proprietor below throw back the water without the license or the grant of the proprietor...
Page 502 - In such a case there is no room for any other appropriation than that which arises from the order in which the receipts and payments take place, and are carried into the account. Presumably it is the sum first paid in that is first drawn out. It is the first item on the debit side of the account that is discharged or reduced by the first item on the credit side. The appropriation is made by the very act of setting the two items against each other.