The American Reports: Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States with Notes and References, 31. köide
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action affirmed agent agreed agreement alleged amount answer appear appellant appellee apply authority bank bill bound cause charge circumstances cited claim common condition consideration considered constitute contract corporation court creditors damages death debt decision defendant delivered demand denied doctrine duty effect entitled error evidence execution existence express facts give given ground held hold husband indorser injury instruction intent interest judgment jury land liable matter means mortgage nature necessary negligence notice objection opinion owner paid party payment performance person plaintiff possession present principle promise purchase question railroad reason received recover reference rendered rule secure Smith statute street sufficient suit sustained taken term tion trial void Wall witnesses
Page 388 - the property, real and personal, which any woman in this state may own at the time of her marriage, and the rents, issues, profits, or proceeds thereof, and any real, personal, or mixed property which shall come to her by descent, devise, or bequest, or the gift of any person except her husband, shall remain her sole and separate property, notwithstanding her marriage, and not be subject to the disposal of her husband or liable for his debts.
Page 163 - Every mortgage or conveyance intended to operate as a mortgage of goods and chattels hereafter made, which shall not be accompanied by an immediate delivery, and be followed by an actual and continued change of possession of the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers and mortgagees in good faith...
Page 738 - It appears to us that the proper question for the jury in this case, and, indeed, in all others of the like kind, is, whether the damage was occasioned entirely by the negligence or improper conduct of the defendant, or whether the plaintiff himself so far contributed to the misfortune, by his own negligence or want of ordinary and common care and caution, that, but for such negligence or want of ordinary care and caution on his part, the misfortune would not have happened.
Page 652 - An indictment for libel need not set forth any extrinsic facts for the purpose of showing the application to the party libeled, of the defamatory matter on which the indictment is founded ; but it is sufficient to state generally, that the same was published concerning him ; and the fact that it was so published, must be established on the trial.
Page 399 - Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person...
Page 501 - The principle is that a servant, when he engages to serve a master, undertakes as between himself and his master to run all the ordinary risks of the service...
Page 551 - For the purposes of this case, it may be conceded that the motive actuating the court was good. His sympathy for this unfortunate girl and the feelings of her father and mother no doubt induced him to take the step which he did.
Page 374 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Page 480 - Accord is a satisfaction agreed upon between the party injuring and the party injured, which, when performed, is a bar of all actions upon this account.
Page 356 - ... was in a diseased and unsound state, the question will be, whether the disease existed to so high a degree, that for the time being, it overwhelmed the, reason^ conscience and judgment, and whether the prisoner in committing the homicide acted from an irresistible and uncontrollable impulse ; if so, then the act was not the act of a voluntary agent, but the involuntary act of the body without the concurrence of a mind directing it.