The American State Reports: Containing the Cases of General Value and Authority Subsequent to Those Contained in the "American Decisions" [1760-1869] and the "American Reports" [1869-1887] Decided in the Courts of Last Resort of the Several States [1886-1911], 7. köideAbraham Clark Freeman Bancroft-Whitney Company, 1889 |
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Page 25
... court . The court overruled the motion , and ruled that Roswald and Stoll should tender an issue with a view to the trial of the right of property . To this ruling plaintiffs excepted . In Braley v . Clark , 22 Ala . 361 , as in this ...
... court . The court overruled the motion , and ruled that Roswald and Stoll should tender an issue with a view to the trial of the right of property . To this ruling plaintiffs excepted . In Braley v . Clark , 22 Ala . 361 , as in this ...
Page 26
... court ordered the sheriff to accept the claim affidavit and bond , and quashed the execution issued on the forfeited replevy bond . This court reversed his decision , saying " that the condition of a replevy bond can only be complied ...
... court ordered the sheriff to accept the claim affidavit and bond , and quashed the execution issued on the forfeited replevy bond . This court reversed his decision , saying " that the condition of a replevy bond can only be complied ...
Page 84
... court requiring the clerk to affix the seal , and the amendment will have relation to the date of the writ . And the power of the court to amend the writ is in no way affected by the fact that a bond is given to stay proceedings under ...
... court requiring the clerk to affix the seal , and the amendment will have relation to the date of the writ . And the power of the court to amend the writ is in no way affected by the fact that a bond is given to stay proceedings under ...
Page 85
... court may impose terms when it sees fit , upon the allowance of an amendment . It declined , in this case , to do so . It was the fault of the clerk , and not of the appellee , that the seal was not attached to the writ , and the court ...
... court may impose terms when it sees fit , upon the allowance of an amendment . It declined , in this case , to do so . It was the fault of the clerk , and not of the appellee , that the seal was not attached to the writ , and the court ...
Page 86
... court , and executed since the first trial . The court permitted the depo- sition to be read as evidence to the jury , the verdict was for the plaintiff , and the company appealed . The question is , Did the court err in receiving ...
... court , and executed since the first trial . The court permitted the depo- sition to be read as evidence to the jury , the verdict was for the plaintiff , and the company appealed . The question is , Did the court err in receiving ...
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Common terms and phrases
action adverse possession agent alleged appellant appellee applied assignment authority Bank bill bond cause charge claim complainant contract contributory negligence conveyance corporation County court court of equity creditors damages debt decree deed defendant defendant's duty entitled equity error evidence execution executor fact fendant filed fraud grant grantor ground held homestead injury interest Iowa issued judge judgment jurisdiction jury land liability lien mandamus matter ment mortgage negligence notice opinion owner paid Paist partnership party passengers patent payment person plaintiff plaintiff in error Polk City possession premises principal purchase purpose question quiet title quitclaim deed R. R. Co railroad company reason recover rule Schiffer sheriff statute statute of frauds suit supra tenant testimony thereof thousand dollars tion train transaction trial trust void voluntary association writ
Popular passages
Page 970 - 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 725 - ... the law considers such publication as malicious unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 149 - A child, when adopted, may take the family name of the 'person adopting. After adoption the two shall sustain towards each other the legal relation of parent and child, and have all the rights and be subject to all the duties of that relation.
Page 722 - A communication made bona fide upon any subject-matter In which the party communicating has an interest, or in reference to which he has a duty, is privileged if made to a person having a corresponding interest or duty, although it contain criminatory matter, which, without this privilege, would be slanderous and actionable...
Page 495 - But in the view we take of the case it is not necessary to go into...
Page 113 - The limitation as to value has no tendency to exempt from liability for negligence. It does not induce want of care. It exacts from the carrier the measure of care due to the value agreed on. The carrier is bound to respond in that value for Opinion of the Court. negligence. The compensation for carriage is based on that value. The shipper is estopped from saying that the value is greater.
Page 672 - Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the...
Page 523 - ... where it is a simple question of capacity or authority to contract, arising either on a question of regularity of organization or of power conferred by the charter, a party who has had the benefit of the agreement cannot be permitted, in an action founded on it, to question its validity. It would be in the highest degree inequitable and unjust, to permit the defendant to repudiate a contract the fruits of which he retains.
Page 423 - ... a contingent remainder in fee may be created on a prior remainder in fee, to take effect in the event that the persons to whom the first remainder is. limited, die under the age of twenty-one years, or on any other contingency by which the estate of such persons may be determined before they attain full age.
Page 592 - ... be subject to a fine of not less than twenty-five dollars and not more than one hundred dollars for each offense or by imprisonment in the city or county jail for not less than five days and not more than ten days, or by such fine and imprisonment at the discretion of the court.