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. köideBancroft-Whitney, 1880 |
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Page 1
... instructions complained of is sufficiently set forth in the eighth paragraph of the opinion . Arrington & Graham , and Rice , Jones & Wiley , for appellant . Setting a spring - gun under the circumstances disclosed by the bill of ...
... instructions complained of is sufficiently set forth in the eighth paragraph of the opinion . Arrington & Graham , and Rice , Jones & Wiley , for appellant . Setting a spring - gun under the circumstances disclosed by the bill of ...
Page 3
... . 533 , an affirmative instruction , " that the same facts and circumstances which would make the offense murder , if death ensued , furnish sufficient evidence of the Simpson v . State . The court say : " DECEMBER TERM , 187 .. 3.
... . 533 , an affirmative instruction , " that the same facts and circumstances which would make the offense murder , if death ensued , furnish sufficient evidence of the Simpson v . State . The court say : " DECEMBER TERM , 187 .. 3.
Page 4
... instructions given by the City Court were erroneous , rid some of them misleading , or invasive of the province of the jury . The sixth asserts the familiar principle of the law of evidence , that a man must be presumed to intend the ...
... instructions given by the City Court were erroneous , rid some of them misleading , or invasive of the province of the jury . The sixth asserts the familiar principle of the law of evidence , that a man must be presumed to intend the ...
Page 5
... instruction would , or would not be correct , if death had ensued from the shooting , and the defendant was on trial for the homicide , it is not now important to consider . In a case of this character the instruction is essentially ...
... instruction would , or would not be correct , if death had ensued from the shooting , and the defendant was on trial for the homicide , it is not now important to consider . In a case of this character the instruction is essentially ...
Page 6
... instructions , that a determination of the primary question they involve is neces sary to a correct understanding of them . This question is the right of a land owner to plant spring - guns on his premises , by which trespassers may be ...
... instructions , that a determination of the primary question they involve is neces sary to a correct understanding of them . This question is the right of a land owner to plant spring - guns on his premises , by which trespassers may be ...
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Other editions - View all
Common terms and phrases
action affirmed agent agreement alleged amount appellant appellee apply authority bill carrier cause charge cited claim common carrier common law complainant consideration constitute contract conveyance corporation Council Bluffs court court of equity coverture creditors damages debt declaration decree deed defendant defendant's delivered demurrer denied doctrine duty enforced entitled equity estoppel evidence executed exemption facts fraud Gratt held Huntsville husband indictment indorser injury intent interest Iowa jury land liable lien ment mortgage National Bank negligence offense Ohio St opinion owner paid party payment Penn person plaintiff had judgment plaintiff in error possession principle prisoner promise promissory note purchase question R. R. Co Railroad Company Railway reason received recover rendered rule Smith spring-gun statute statute of frauds stockholders street suit sustained testator thereof tion trial trust usury verdict void Wend wife witnesses
Popular passages
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.