Reports of Cases Argued and Determined in the Court of Chancery, the Prerogative Court, And, on Appeal, in the Court of Errors and Appeals, of the State of New Jersey, 3. köideHough & Gillespy, Printers, 1868 |
From inside the book
Results 1-5 of 78
Page 23
... established right of such owner ; it would simply be to take the property of one citizen in order to transfer it to another . " In Bell v . Gough , the same case in the Court of Errors , Justice Elmer , 3 Zab . 670 , says : " By the ...
... established right of such owner ; it would simply be to take the property of one citizen in order to transfer it to another . " In Bell v . Gough , the same case in the Court of Errors , Justice Elmer , 3 Zab . 670 , says : " By the ...
Page 32
... established principle of this court in the matter of injunctions , that all the facts necessary to sustain the injunction must be verified by positive proof , or the in- junction will be dissolved . Campbell v . Morrison , 7 Paige 157 ...
... established principle of this court in the matter of injunctions , that all the facts necessary to sustain the injunction must be verified by positive proof , or the in- junction will be dissolved . Campbell v . Morrison , 7 Paige 157 ...
Page 34
... established . The only defence is recrimination , charging the complainant with having committed adultery . This is a good defence if properly brought before the court , and true in fact , and not condoned . The statute makes it so ...
... established . The only defence is recrimination , charging the complainant with having committed adultery . This is a good defence if properly brought before the court , and true in fact , and not condoned . The statute makes it so ...
Page 35
... establish this defence , against the oath of the complainant . But if I was entirely satisfied with the proof of this dis- ease in 1856 , and without the grave doubts which I enter- tain , the defence is met by the fact of condonation ...
... establish this defence , against the oath of the complainant . But if I was entirely satisfied with the proof of this dis- ease in 1856 , and without the grave doubts which I enter- tain , the defence is met by the fact of condonation ...
Page 39
... established , a wise and salutary one . Such a sale would deter fair outside bidders from purchasing , by the confusion it would naturally occasion as to the effect of the amount of the bid upon the amount of encumbrance to which the ...
... established , a wise and salutary one . Such a sale would deter fair outside bidders from purchasing , by the confusion it would naturally occasion as to the effect of the amount of the bid upon the amount of encumbrance to which the ...
Common terms and phrases
acre agreed agreement alleged amount answer assignment authority benefit bill Boisaubin Camden Canal canceled Chancellor charge charter claim Clark's Executors complainant consideration construction contract convey conveyance corporation Court of Chancery court of equity covenant creditors debt decree deed defendant Delaware Bay denied easement encumbrances entitled evidence executors fact farm filed fraud grant Green's C. R. Hackensack Halsted heirs held hundred dollars husband infant injunction intended interest Isaac Griffin Johnson Keyport lands lease legislature Marlatt marriage matter ment Morris Canal Morristown mortgage Oberle Orphans Court paid parties partnership payment Pergeaux plainant premises proof purchase purpose question Railroad Company Raritan Raritan bay received relief road rule settled share Smith sold Spencer woods statute statute of frauds street suit Terhune testator thousand dollars tion tract trust Tyng void Voorhees wharf wife
Popular passages
Page 502 - Court shall inspect the will and see whether it appears to be signed by the testator, or by some other person in his presence and by his direction...
Page 185 - The charter of every corporation that shall hereafter be granted by the Legislature, shall be subject to alteration, suspension, and repeal, in the discretion of the Legislature.
Page 503 - ... declared to be his last will in the presence of two witnesses present at the same time, who shall subscribe their names thereto as witnesses in the presence of the testator.
Page 64 - Individuals or private corporations shall not be authorized to take private property for public use, without just compensation first made to the owners.
Page 547 - That it shall not be lawful, at any time during the said railroad charter, to construct any other railroad or railroads in this State, without the consent of the said companies, which shall be intended or used for the transportation of passengers or merchandise between the cities of New York and Philadelphia, or to compete in business with the railroad authorized by the act to which this supplement is relative, etc.
Page 523 - LC), and applying that principle to the facts of the present case, it seems to me that...
Page 65 - We know of no case, in which a legislative act to transfer the property of A to B, without his consent, has ever been held a constitutional exercise of legislative power in any State in the Union. On the contrary, it has been constantly resisted as inconsistent with just principles, by every judicial tribunal in which it has been attempted to be enforced.
Page 469 - ... a deed absolute on its face may be shown by parol to have been intended as a security.
Page 522 - if the public interest can be, in any way, promoted by the taking of private property, it must rest in the wisdom of the legislature to determine whether the benefit to the public will be of sufficient importance to render it expedient ... to exercise the right of eminent domain, and to authorize an interference with the private rights of individuals for that purpose...
Page 68 - ... some other reason, can be better managed and improved by some joint operation, such as the power of regulating the building of party walls ; making and maintaining partition fences and ditches; constructing ditches and sewers for the draining of uplands or marshes, which can more advantageously be drained by a common sewer or ditch.