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 3
... necessary to make , the offense must have been described as at common law - the facts constituting the assault or attempt must have been stated and con- nected with an averment of the felonious intent or design . Beasley v . State ...
... necessary to make , the offense must have been described as at common law - the facts constituting the assault or attempt must have been stated and con- nected with an averment of the felonious intent or design . Beasley v . State ...
Page 7
... necessary to prevent its invasion . Property would be of little value , if the owner was bound to stand with folded arms and suffer it taken by him who is bold and unscrupulous enough to seize it . But when it is said a man may ...
... necessary to prevent its invasion . Property would be of little value , if the owner was bound to stand with folded arms and suffer it taken by him who is bold and unscrupulous enough to seize it . But when it is said a man may ...
Page 8
... necessary to prevent the trespass . The character of the weapon fixes the degree of the offense . But if the killing is not with a deadly weapon - if it is with an instrument suited rather for the purpose of alarm , or of chastisement ...
... necessary to prevent the trespass . The character of the weapon fixes the degree of the offense . But if the killing is not with a deadly weapon - if it is with an instrument suited rather for the purpose of alarm , or of chastisement ...
Page 18
... necessary to do so successfully ; and it follows that he is responsible for the damages that may happen by reason of his negligence . His vigilance should be proportioned to the importance and delicacy of the task assumed . We have ...
... necessary to do so successfully ; and it follows that he is responsible for the damages that may happen by reason of his negligence . His vigilance should be proportioned to the importance and delicacy of the task assumed . We have ...
Page 23
... necessary to protect a descent or devise . If , however , the fœtus is never born alive then it is treated as if it never had an existence . Under the facts of this case we feel compelled to hold that at the time the order of sale was ...
... necessary to protect a descent or devise . If , however , the fœtus is never born alive then it is treated as if it never had an existence . Under the facts of this case we feel compelled to hold that at the time the order of sale was ...
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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.